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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY- FIRST
SESSION OF THE GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 3, A. D.
1961
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
OF AMERICA, THE ONE HUNDRED AND EIGHTY- FIFTH
VOLUME LIII
Printed by
allUord Chronicle Publishing Company
Milford. Delaware

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY-FIRST
SESSION OF THE GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 3, A. D.
1961
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
OF AMERICA, THE ONE HUNDRED AND EIGHTY-FIFTH
VOLUME LIII
Printed by
allUord Chronicle Publishing Company
Milford. Delaware
LAWS OF DELAWARE
CHAPTER 1
AN ACT TO PROVIDE FOR THE DISTRIBUTION OF FED-ERAL
SURPLUS FOODS TO NEEDY PERSONS IN THE
STATE OF DELAWARE; EMERGENCY APPROPRIA-TION.
WHEREAS, rising unemployment and an unusually severe
winter have caused additional hardships for needy persons in
the State of Delaware, AND
WHEREAS, federal surplus foods are available for distri-bution
to our needy citizens and increases in these surplus foods
have been ordered by the President of the United States, AND
WHEREAS, the Board of Trustees of the Delaware State
Hospital is the Delaware State Agency for Surplus Property in
accordance with Chapter 68 of Title 29, Delaware Code, AND
WHEREAS, the State Board of Trustees of the Delaware
State Hospital has administered the Surplus Commodity Pro-gram
of the United States Department of Agriculture for in-stitutions
(including summer camps) in the State of Delaware
for the past 13 years, AND
WHEREAS, emergency action is required to distribute
such surplus federal foods, NOW, THEREFORE,
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Chapter 68, Title 29, Delaware Code, is hereby
amended by enacting and adding thereto a new section to read
as follows :
1
2 Chapter 1
§ 6810. Distribution of surplus federal food
The State Board of Trustees of the Delaware State Hos-pital
at Farnhurst is hereby empowered and directed to act as
the responsible agency to operate the Surplus Commodity Pro-gram
for needy families in the State of Delaware, in accordance
with the regulations and procedures prescribed by the United
States Department of Agriculture. The State Board of Trustees
of the Delaware State Hospital may take such action, make such
expenditures, and enter into such contracts, agreements and
undertakings for the state, to provide for the distribution of
available commodities to all eligible needy families in the state
who make proper application therefor. The State Board of
Trustees of the Delaware State Hospital, to properly operate
this program, may request assistance from other State, County
and City agencies ; may employ personnel ; fix their compensa-tion
and prescribe their duties. "Needy families" as used in
this section shall mean those persons or families so certified
by the State Department of Public Welfare.
Section 2. The State Board of Trustees of the Delaware
State Hospital is hereby authorized to use available funds within
the discretion of said Board for the implementation of this
program during the fiscal year ending June 30, 1961.
Section 3. Any previous acts inconsistent with the pro-visions
of this Act are hereby repealed to the extent of such
inconsistency.
Approved February 23, 1961.
CHAPTER 2
AN ACT TO PROVIDE FOR A TEMPORARY EXTENSION
OF UNEMPLOYMENT COMPENSATION BENEFITS TO
UNEMPLOYED WORKERS WHO HAVE EXHAUSTED
THEIR RIGHTS TO BENEFITS UNDER STATE UNEM-PLOYMENT
COMPENSATION LAWS.
WHEREAS, unemployment and the number of workers
who have exhausted their rights to Unemployment Compensa-tion
benefits is at a high level detrimental to our State's econ-omy,
and
WHEREAS, the 87th Congress of the United States is con-sidering
legislation to provide for a temporary extension of
benefits to unemployed workers who have exhausted their rights
to benefits under State Unemployment Compensation Laws,
and
WHEREAS, it is essential, both to the many families who
are in need through no fault of their own and to the economy
of our State, that temporary relief from this condition be grant-ed.
at the earliest possible moment during this period of winter
hardship, NOW, THEREFORE,
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Any person who has exhausted his rights to
benefits under the State Unemployment Compensation Law after
October 31, 1960, is hereby entitled to an extension of his weekly
benefits equal to one-half of the total number of weeks to which
he had previously been entitled. Such entitlement shall begin
with any week of unemployment beginning on or after the tenth
day after the enactment of this Act, or the date regular benefits
are exhausted, whichever is later, and ending not later than
July 31, 1961.
Section 2. The Chairman of the Unemployment Compen-sation
Commission of the State of Delaware is hereby authoriz-ed
and directed to enter into an agreement or agreements with
3
4 Chapter 2
the Secretary of Labor or other appropriate officer or agency
of the United States of America whereby provisions for tem-porary
additional unemployment compensation benefits afforded
by any act enacted or to be enacted by the 87th Congress of the
United States of America which allows an extension of weekly
benefits for eligible unemployed workers shall be made avail-able
to eligible unemployed Delaware workers, and whereby the
Unemployment Compensation Commission of the State of Dela-ware
shall be designated to serve as agent of the United States
of America in the State of Delaware as provided by any such
act of Congress. Upon the execution of any such agreement,
the Unemployment Compensation Commission of the State of
Delaware shall have such powers as may be necessary to carry
out its duties as such agent.
Section 3. Section 1 of this act shall become immediately
null and void upon execution of any agreement provided for in
Section 2 of this act, and any benefits that may have been paid
to a person pursuant to Section 1 of this act shall be considered
as a part of the additional unemployment compensation bene-fits
that may be available pursuant to Section 2 of this act.
Approved February 23, 1961.
CHAPTER 3
AN ACT TO AMEND AN ACT ENTITLED "AN ACT MAK-ING
APPROPRIATIONS FOR THE EXPENSES OF THE
STATE GOVERNMENT FOR THE FISCAL YEAR END-ING
JUNE 30, 1961", BEING CHAPTER 299, VOLUME
52, LAWS OF DELAWARE, IN RESPECT TO APPRO-PRIATIONS
TO DEPARTMENT OF ELECTIONS FOR
NEW CASTLE, KENT AND SUSSEX COUNTIES.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. The appropriation made to the Department of
ElectionsNew Castle County, appearing under the sub-division
"Legislative and Elections" in Section 1, Chapter 299, Volume
52, Laws of Delaware, is amended as follows : (1) By trans-ferring
the sum of $3,250.00 from the appropriation item "Sal-ary
of Board Members", to appropriation item "Salaries and
Wages of Employees" under the Department of ElectionsNew
Castle County." (2) By transferring the sum of $2,800.00 from
the appropriation item "Operations" to the appropriation item
"Salaries and Wages of Employees" under "Department of
ElectionsNew Castle County". (3) By transferring the sum
of $3,100.00 from the appropriation item "Office Expense" to
the appropriation item "Registration and Election Officers"
under "Department of ElectionsKent County". (4) By trans-ferring
the sum of $2,000.00 from the appropriation item
"Operations" to the appropriation item "Salaries and Wages
of Employees" under "Department of ElectionsSussex Coun-ty".
Section 2. The appropriation made to the Department of
ElectionsSussex County appearing under the sub-division
"Legislative and Elections" in Section 1, Chapter 299, Volume
52, Laws of Delaware is amended by transferring the sum of
$2,500.00 from the appropriation item "Office Expense" to the
appropriation item "Salaries and Wages" under "Department
of ElectionsSussex County".
Approved March 1, 1961.
5
6
CHAPTER 4
AN ACT TO AMEND AN ACT ENTITLED "AN ACT MAK-ING
APPROPRIATIONS FOR THE EXPENSES OF THE
STATE GOVERNMENT FOR THE FISCAL YEAR END-ING
JUNE 30, 1961", BEING CHAPTER 299, VOLUME
52, LAWS OF DELAWARE, IN RESPECT TO APPRO-PRIATIONS
TO THE MAINTENANCE DIVISION OF
THE STATE HIGHWAY DEPARTMENT, BY MAKING
CERTAIN TRANSFERS THEREIN.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. The appropriations to the State Highway De-partment
appearing under "Maintenance Division" in Section
1, Chapter 299, Volume 52, Laws of Delaware, is amended by
transferring the sum of $150,000 from the item "Repairs and
Replacements" to the item "Salaries and Wages of Employees".
Approved March 2, 1961.
CHAPTER 5
AN ACT TO AMEND TITLE 10, DELAWARE CODE, EN-TITLED
"COURTS AND JUDICIAL PROCEDURE" TO
PROVIDE FOR AN ADDITIONAL VICE-CHANCELLOR
AND TWO ADDITIONAL SUPERIOR COURT JUDGES.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Chapter 3, Title 10, Delaware Code is amended
by adding the following new section to Subchapter 1 thereof :
§ 307. Additional Vice-Chancellor
There shall be one Vice-Chancellor in addition to the Chan-cellor
and Vice-Chancellor specifically required by the provisions
of Article IV, Section 2 of the Constitution.
Section 2. Chapter 5, Title 10, Delaware Code is amended
by adding the following new section to Subchapter 1 thereof :
§ 509. Additional Associate Judges
There shall be two Associate Judges of the Superior Court
and of the Orphans' Court in addition to the President Judge
and the four Associate Judges specifically required by the pro-visions
of Article IV, Section 2 of the Constitution.
Approved March 2, 1961.
7
8
CHAPTER 6
AN ACT TO AMEND SECTION 2143, TITLE 21, DELAWARE
CODE, RELATING TO THE INSPECTION OF MOTOR
VEHICLES BEFORE REGISTRATION; EXCEPTION.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. § 2143, Title 21, Delaware Code, is amended
by adding a new subsection as follows:
Upon application, subject to approval by the Commissioner,
the Department may waive such inspection requirements with
respect to the renewal of registration of a vehicle registered in
the State of Delaware which is not in this State at the time the
inspection is required provided, that an out of state inspection,
certified on forms prescribed by the Commissioners, is sub-mitted
to the Department. It shall be the duty of the owner of
any vehicle so inspected to submit such vehicle for inspection
by the Department within ten (10) days after the date the
vehicle is returned to this State.
Approved March 17, 1961.
CHAPTER 7
AN ACT TO AMEND CHAPTER 9, TITLE 29, DELAWARE
CODE, RELATING TO LEGISLATIVE BILLS BY PRO-VIDING
THAT BILLS MAY BE STENCILED.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend Section 904 (a), Title 29, Delaware
Code, by deleting the words "have the bill or resolution re-typewritten
or reprinted" in the first sentence thereof and in-serting
the following words in lieu thereof "have prepared a
corrected copy of the bill or resolution which may be typed,
printed or stenciled."
Section 2. Amend Section 902 of Title 29, Delaware
Code, by inserting the words "or stenciled" between the words
"printed" and "or typewritten" as they appear therein.
Section 3. Amend Section 902 of Title 29, Delaware
Code, by adding the following sentence at the end thereof:
The original of all bills and resolutions shall be produced
in such a manner as approved by the State Archivist and the
Director of the Legislative Reference Bureau for permanency
and legibility.
Approved March 23, 1961.
9
CHAPTER 8
AN ACT TO AUTHORIZE THE COMPTROLLER OF NEW
CASTLE COUNTY TO SELECT AND EMPLOY DEPUTIES
AND CLERICAL ASSISTANCE.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Chapter 93, Title 9, Delaware Code is amended
by repealing § 9308 thereof and by substituting and enacting
in lieu thereof a new §9308 to read as follows :
§ 9308. The Comptroller of New Castle County may select
and employ two assistant chief deputies, one machine operator,
one secretary (stenographic) and one chief clerk (general), in
addition to the Chief Deputy Comptroller.
Any County Comptroller may select and employ such addi-tional
clerical assistance as the Levy Court of his County may
approve.
Approved March 23, 1961.
CHAPTER 9
AN ACT TO AMEND SECTION 26 OF CHAPTER 191, VOL-UME
45, LAWS OF DELAWARE, ENTITLED "AN ACT
TO REINCORPORATE THE TOWN OF DELAWARE
CITY", AND RELATING TO THE ISSUE OF BONDS BY
THE MAYOR AND COUNCIL OF DELAWARE CITY.
Be it enacted by the General Assembly of the State of
Delaware (two-thirds of all the Members elected to each Branch
thereof concurring therein):
Section 1. Section 26 of Chapter 191, Volume 45, Laws
of Delaware, is amended by striking out the first paragraph
now appearing therein and inserting in lieu thereof a new first
paragraph to read as follows :
"The Mayor and Council of Delaware City", for the pur-pose
of carrying into effect the provisions of Section 25 of this
Act, may issue bonds of such denomination as they may deem
best, bearing interest at a rate not exceeding five per centum
per annum, payable semi-annually. The principal of each issue
of said bonds shall not be made payable in excess of thirty
years from the date of the issue thereof, the said "The Mayor
and Council of Delaware City" reserving the power and author-ity
of redeeming said bonds or any part of them at the expira-tion
of five, ten, or fifteen years from the date of the issue of
the same, as determined by "The Mayor and Council of Dela-ware
City" at the time of the issuance of said bonds. The said
bonds shall be signed by the Mayor and countersigned by the
Treasurer, and shall be sealed with the corporate seal, and be
exempt from all State, County and Municipal taxation.
Approved March 28, 1961.
11
12
CHAPTER 10
AN ACT TO PERMIT THE STATE HIGHWAY DEPARTMENT
TO USE FOR HIGHWAY REPAIR AND RECONSTRUC-TION
CERTAIN REIMBURSEMENT FUNDS RECEIVED
BY THE STATE OF DELAWARE FROM THE DELA-WARE
INTERSTATE HIGHWAY DIVISION.
WHEREAS, Chapter 216, Volume 52, Laws of Delaware
provides, in part, that the Delaware Interstate Highway Divis-ion
is authorized and empowered at one time or from time to
time, to issue not exceeding Two Million Five Hundred Thou-sand
Dollars ($2,500,000) additional Revenue Bonds, pursuant
to the provisions of Chapter 3, Title 17, Delaware Code, as
amended, for the purpose of making additions and improve-ments
to the Delaware Memorial Bridge, its appurtenances and
approaches, deemed necessary by the said Division, and
WHEREAS, Chapter 216, Volume 52, Laws of Delaware
further provides, in part, that the Delaware Interstate High-way
Division, in addition to its other powers, may enter into
agreements with the State Highway Department, among others,
to construct or reconstruct any addition or improvement to the
said Bridge, its apppurtenances or approaches and to pay, or
reimburse the said Departments or others, in whole or part,
the costs of said additions or improvements, including the costs
of the acquisition of any rights-of-way, franchises, easements
or other interests in land deemed necessary by the Division for
such additions or improvements, and
WHEREAS, the State Highway Department under agree-ments
with the Delaware Interstate Highway Division has con-structed
certain approaches to the Delaware Memorial Bridge,
the approaches being a portion of the National System of In-terstate
and Defense Highways, for which, under the provisions
of Chapter 216, Volume 52, Laws of Delaware reimbursement
could be made, and
WHEREAS, Chapter 205, Volume 52, Laws of Delaware
provides that all funds received by the State of Delaware or
any agency thereof as reimbursement of the State's portion of
Chapter 10 13
the cost of construction of interstate roads or highways shall
be applied to the payment of any notes of the State of Dela-ware
issued in anticipation of the issuance of bonds therefor
and that in the event there be no notes issued in anticipation
of the bonds for which payment may be made, the funds so
received shall be set aside and held by the State Treasurer in
anticipation of the issuance of such notes, and
WHEREAS, the past severe winter season, marked by
forty-three inches of snow and prolonged sub-freezing temper-atures,
has required heavy expenditures for snow removal and,
in addition thereto, has resulted in severe damage to the high-way
systems of this State, and
WHEREAS, funds currently available to the State High-way
Department are not nearly adequate to meet the costs of
repairs required as a result of the winter conditions,
NOW, THEREFORE,
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Chapter 205, Volume 52, Laws of Delaware is
hereby amended by deleting the period at the end of the first
sentence thereof and adding the following thereto:
"with the exception that of funds received as reimburse-ment
for the construction, by the State Highway Department,
of approaches to the Delaware Memorial Bridge, a sum not to
exceed One Million Five Hundred Thousand Dollars ($1,500,000)
may be paid to the said State Highway Department for use in
the repair or reconstruction of damaged highways throughout
the State.
Section 2. "Funds made available to the State Highway
Department by Section 1 hereof may be utilized for the recon-struction
and repair of damaged highways. The funds may be
used by the State Highway Department to defray the engineer-ing,
inspection and material costs, the costs of contracts, and
such other costs as may be deemed necessary by the Depart-ment
to properly perform this work.
14 Chapter 10
Section 3. The Secretary of the State Highway Depart-ment,
shall from time to time, but not less frequently than
quarterly, submit to the members of the State Highway De-partment
detailed reports documenting the expenditures made
from the funds provided herein.
Approved March 28, 1961.
CHAPTER 11
AN ACT TO AMEND TITLE 30, SECTION 1171, DELAWARE
CODE, RELATING TO INCOME TAX BY REPEALING
THE PROVISIONS FOR INSTALLMENT PAYMENTS.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Title 30, Section 1171 (a), Delaware Code, is
amended by striking all the words appearing after the words
"for filing return," in the third line thereof and by changing
the comma at the end of the word "return" to a period.
Section 2. In the case of personal income taxes due for
the calendar year ending December 31, 1960, the amount of tax
payable, if more than $5.00, may be paid in the following man-ner:
One-fourth of the amount of tax at the time fixed for filing
the return ; one-half of the amount of tax on or before June 15,
1961; and one-fourth of the amount of tax on or before October
30, 1961.
Approved April 3, 1961.
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16
CHAPTER 12
AN ACT TO AMEND CHAPTER 188, VOLUME 18, LAWS OF
DELAWARE, CREATING A STREET AND SEWER DE-PARMENT,
AS AN AGENCY OF THE MAYOR AND
COUNCIL OF WILMINGTON, AND THE ACTS AMEND-ATORY
THEREOF AND SUPPLEMENTAL THERETO,
BY CHANGING THE NAME OF SAID DEPARTMENT
TO THE DEPARTMENT OF PUBLIC WORKS.
Be it enacted by the General Assembly of the State of
Delaware (two-thirds of all Members elected to each House
thereof concurring therein):
Section 1. That Chapter 188, Volume 18, Laws of Dela-ware,
by which the Street and Sewer Department was created
as an agency of The Mayor and Council of Wilmington be and
the same is amended by striking the words "Street and Sewer
Department" whenever used therein and substituting for the
words so stricken the words "Department of Public Works."
Section 2. That all acts amendatory of said Chapter 188,
Volume 18, Laws of Delaware, or in any wise supplemental
thereto, in which the said words are used including, Volume 18,
Laws of Delaware, Chapter 665; Volume 19, Laws of Dela-ware,
Chapters 206, 207, 208, 209, 220 and 735; Volume 20,
Laws of Delaware, Chapter 93, 547 and 566; Volume 22, Laws
of Delaware, Chapter 405; Volume 24, Laws of Delaware, Chap-ter
183; Volume 26, Laws of Delaware, Chapters 196, 197,
and 199; Volume 27, Laws of Delaware, Chapter 206; Volume
28, Laws of Delaware, Chapters 114 and 116; Volume $1, Laws
of Delaware, Chapter 28; Volume 36, Laws of Delaware, Chap-ter
145; Volume 37, Laws of Delaware, Chapters 135, 136,
140 and 146; Volume 42, Laws of Delaware, Chapter 115;
Volume 43, Laws of Delaware, Chapters 44 and 145; Volume
46, Laws of Delaware, Chapters 219 and 237; Volume 47, Laws
of Delaware, Chapter 269; Volume 49, Laws of Delaware,
Chapter 273; and Volume 51, Laws of Delaware, Chapters 58
and 352, are likewise amended in the same respect and extent
as provided in Section 1 hereof.
Section 3. That it is hereby stated that the sole and ex-clusive
purpose of this Act is to effect a change of name, as
Chapter 12 17
heretofore provided and that all the powers and jurisdiction of
the Street and Sewer Department shall remain and be un-affected
notwithstanding the provisions hereof.
Approved April 7, 1961.
18
CHAPTER 13
AN ACT TO AMEND TITLE 21, AUTHORIZING BLUE
LIGHTS ON VEHICLES USED BY FIRE POLICE.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. An act to amend Title 21 by enacting a new
Section 4357 as follows :
§ 4357. Any motor vehicle used by a fire chief, assistant
fire chief, fire engineer and fire policeman may have placed
upon such motor vehicle flashing blue lights.
Such flashing blue lights shall be used by the fire chief,
assistant fire chief and fire engineers, and fire policeman, of
any regularly established fire company only in the performance
of their duties.
Approved April 7, 1961.
CHAPTER 14
AN ACT TO APPROPRIATE FUNDS TO THE DEPARTMENT
OF PUBLIC WELFARE FOR SALARIES, ASSISTANCE
GRANTS AND CHILD WELFARE SERVICE.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. There is hereby appropriated to the Depart-ment
of Public Welfare the sum of $118,500 for the fiscal year
ending June 30, 1961, to be allocated as follows:
19
Section 2. This Act is a supplementary appropriation act
and the money hereby appropriated shall be paid out of the
General Fund of the State of Delaware.
Approved April 11, 1961.
Approved April 11, 1961.
Salaries and wages of employees $ 21,000
Aid to dependent children grants 15,000
Aid to disabled grants 6,000
Direct carechild welfare service 76,500
$118,500
20
CHAPTER 15
AN ACT AUTHORIZING THE RECORDER OF KENT
COUNTY TO PROCURE A NEW SEAL.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. The Recorder of Kent County is authorized to
procure a new press and seal, to be made of steel or brass of
the same diameter as the present seal of his office and engraved
with the same device as the present seal or such similar device
as the Levy Court of Kent County shall direct, and when com-pleted
the said seal shall be taken, adjudged and deemed to be
the seal of the Recorder of Kent County.
Section 2. When the new seal shall be procured as afore-said
the Recorder shall cause the present seal to be broken and
destroyed in the presence of the Sheriff of Kent County.
Section 3. The Levy Court of Kent County shall pay the
necessary costs and expenses of procuring the said new press
and seal.
CHAPTER 16
AN ACT AUTHORIZING THE PROTHONOTARY OF KENT
COUNTY TO PROCURE A NEW SEAL.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. The Prothonotary of Kent County is author-ized
to procure a new press and seal, to be made of steel or brass
of the same diameter as the present seal of his office and en-graved
with the same device as the present seal or such similar
device as the Levy Court of Kent County shall direct, and when
completed the said seal shall be taken, adjudged and deemed to
be the seal of the Prothonotary of Kent County.
Section 2. When the new seal shall be procured as afore-said
the Prothonotary shall cause the present seal to be broken
and destroyed in the presence of the Sheriff of Kent County.
Section 3. The Levy Court of Kent County shall pay the
necessary costs and expenses of procuring the said new press
and seal.
Approved April 11, 1961.
21
22
CHAPTER 17
AN ACT AUTHORIZING THE REGISTER OF WILLS OF
KENT COUNTY TO PROCURE A NEW SEAL.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. The Register of Wills of Kent County is au-thorized
to procure a new press and seal, to be made of steel
or brass of the same diameter as the present seal of his office
and engraved with the same device as the present seal or such
similar device as the Levy Court of Kent County shall direct,
and when completed the said seal shall be taken, adjudged and
deemed to be the seal of the Register of Wills of Kent County.
Section 2. When the new seal shall be procured as afore-said
the Register of Wills shall cause the present seal to be
broken and destroyed in the presence of the Sheriff of Kent
County.
Section 3. The Levy Court of Kent County shall pay the
necessary costs and expenses of procuring the said new press
and seal.
Approved April 11, 1961.
CHAPTER 18
AN ACT MAKING A SUPPLEMENTARY APPROPRIATION
TO THE STATE BOARD OF CORRECTIONS FOR THE
FISCAL YEAR JULY 1, 1960-JUNE 30, 1961.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. The amount of $85,000 is hereby appropriated
to the Board of Corrections for the fiscal year ending June 30,
1961, to be expended as follows :
23
Section 2. This Act is a supplementary appropriation and
the money appropriated shall be paid by the State Treasurer out
of the General Fund of the State of Delaware.
Approved April 11, 1961.
Office expense $ 4,000
Operations 76,000
Repairs and replacements 5,000
24
CHAPTER 19
AN ACT MAKING SUPPLEMENTARY APPROPRIATIONS
TO THE CUSTODIAN OF THE STATE HOUSE, THE
OFFICE OF GOVERNOR, THE SECRETARY OF STATE,
AND THE LEGISLATIVE REFERENCE BUREAU.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. The sum of $43,009.20 is hereby appropriated
to the Custodian of the State House for the fiscal year ending
June 30, 1961, to be expended as follows :
Section 2. The sum of $3,290.30 is hereby appropriated
to the Office of Governor for the fiscal year ending June 30,
Section 3. The sum of $2,000.00 is hereby appropriated
to the Secretary of State for the fiscal year ending June 30,
1961, to be expended for "Departmental Supplies."
Section 4. The sum of $1,300.00 is hereby appropriated
to the Legislative Reference Bureau for the fiscal year ending
June 30, 1961, to be expended for Office expense.
Section 5. This Act is a supplementary appropriation act
and the money hereby appropriated shall be paid out of the
General Fund of the State of Delaware.
Approved April 11, 1961.
Salaries and wages of employees $25,459.90
Operations 13,023.00
Repairs and replacements 4,526.30
$43,009.20
1961, to be expended as follows:
Office expense $ 300.00
Contingent expenses 2,000.00
Equipment 990.30
$3,290.30
CHAPTER 20
AN ACT TO AMEND "AN ACT MAKING APPROPRIATIONS
FOR THE EXPENSES OF THE STATE GOVERNMENT
FOR THE FISCAL YEAR ENDING JUNE 30, 1961",
BEING CHAPTER 299, VOLUME 52, LAWS OF DELA-WARE,
IN RESPECT TO APPROPRIATIONS TO THE
STATE BOARD OF EDUCATION, BY MAKING TRANS-FERS
IN CERTAIN APPROPRIATION ITEMS THEREIN.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. The appropriations made to the State Board
of Education in Section 1 of Chapter 299, Volume 52, Laws of
Delaware, are amended by transferring the sum of $4,070
from Division I. D. b. 3, Salaries of Supervisors with program,
Physical Education, and the sum of $1,500 from Division I. H. 5,
Salaries of Teachers, Music, and the sum of $3,430 from Divis-ion
I. H. 2, Salaries of Art Teachers, to Division II. B. 9, Deaf
Program.
Section 2. The appropriations made to the State Board
of Education in Section 1 of Chapter 299, Volume 52, Laws of
Delaware, are amended by transferring the sum of $6,000 from
Division I. D. a. 10, Salaries, Supervisors Teacher Training
(1/2 Federal), to Division II. B. 11, Homebond Instruction.
Approved April 11, 1961.
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26
STATE BOARD DISTRICTS
Gunning Bedford, Jr. No. 53
SALARIES
Teachers $ 5,439.00
Janitorial 7,283.00
Cafeteria 1,131.00
CHAPTER 21
AN ACT MAKING A SUPPLEMENTAL APPROPRIATION
TO THE STATE BOARD OF EDUCATION, CERTAIN
SCHOOL DISTRICTS AND THE WILMINGTON BOARD
OF EDUCATION FOR THE FISCAL YEAR ENDING
JUNE 30, 1961.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. There is hereby appropriated to the State Board
of Education, certain school districts and the Wilmington Board
of Education the sum of $1,295,811 for the fiscal year ending
June 30, 1961.
State Board ofEducation
1-2-3 Teacher Schools
SALARIES
Cafeteria $1,000.00
Teachers 4,500.00
Total Salaries $5,500.00
Total 1-2-3 Teacher Schools $5,500.00
Total Salaries $13,853.00
CAPITAL OUTLAY 200.00
ALL OTHER COSTS 1,300.00
Total Gunning Bedford, Jr. No. 53 $15,353.00
Chapter 21 27
H. C. Conrad No. 131
SALARIES
Teachers $30,157.00
Janitorial 14,221.00
Total Salaries $44,378.00
CAPITAL OUTLAY 700.00
ALL OTHER COSTS 4,550.00
Total H. C. Conrad No. 131 $49,628.00
Alfred I. duPont No 7
SALARIES
Teachers $147,363.00
Total Salaries $147,363.00
CAPITAL OUTLAY 2,600.00
ALL OTHER COSTS 16,900.00
Total Alfred I. duPont No. 7 $166,863.00
Marshallton No. 77
SALARIES
Clerical $ 2,416.00
Teachers 11,812.00
Janitorial 2,062.00
Health 1,762.00
Total Salaries $18,052.00
CAPITAL OUTLAY 900.00
ALL OTHER COSTS 5,850.00
Total Marshallton No. 77 $24,802.00
28 Chapter 21
Middletown No. 60
SALARIES
Janitorial $3,292.00
Total Salaries $3,292.00
Total Middletown No. 60 $3,292.00
Newport No. 21
SALARIES
Teachers $ 7,937.00
Total Salaries $ 7,937.00
CAPITAL OUTLAY 300.00
ALL OTHER COSTS 1,950.00
Total Newport No. 21 $10,187.00
Oak Grove School No. 130
SALARIES
Adm. Asst. $ 2,000.00
Principals 1,220.00
Teachers 8,144.00
Total Salaries $11,364.00
CAPITAL OUTLAY 500.00
ALL OTHER COSTS 3,250.00
Total Oak Grove No. 130 $15,114.00
Rose Hill-Minquadale No. 47 and J. G. Leach
SALARIES
Teachers $51,869.00
Janitorial 17,157.00
Cafeteria 5,346.00
Chapter 21 29
Total Salaries $74,372.00
CAPITAL OUTLAY 1,500.00
ALL OTHER COSTS 9,750.00
Total Rose Hill-Minquadale No. 47
and J. G. Leach $85,622.00
Stanton No. 38
SALARIES
Teachers $102,502.00
Janitorial 14,322.00
Health 1,600.00
Cafeteria 1,270.00
Total Saalaries $119,694.00
CAPITAL OUTLAY 2,100.00
ALL OTHER COSTS 13,650.00
Total Stanton No. 38 $135,444.00
Townsend No. 81
CAPITAL OUTLAY $100.00
ALL OTHER COSTS 650.00
Total Townsend No. 81 $750.00
Millside No. 132
SALARIES
Teachers $5,115.00
Total Salaries $5,115.00
CAPITAL OUTLAY 100.00
ALL OTHER COSTS 650.00
Total Millside No. 132 $5,865.00
30 Chapter 21
Middletown No. 120
SALARIES
Teachers $5,737.00
Janitorial 1,070.00
Total Salaries $6,807.00
CAPITAL OUTLAY 100.00
ALL OTHER COSTS 650.00
Total Middletown No. 120 $7,557.00
Magnolia No. 50
SALARIES
Teachers $4,902.00
Total Salaries $4,902.00
Total Magnolia No. 50 $4,902.00
Felton No. 54
SALARIES
Janitorial $1,425.00
Total Salaries $1,425.00
CAPITAL OUTLAY 100.00
ALL OTHER COSTS , 650.00
Total Felton No. 54 $2,175.00
Frederica No. 32
CAPITAL OUTLAY $100.00
ALL OTHER COSTS 650.00
Total Frederica No. 32 $750.00
Chapter 21 31
Wm. W. M. Henry No. 133
SALARIES
Principals $ 1,237.00
Clerical 2,097.00
Teachers 33,465.00
Janitorial 1,806.00
Total Salaries $38,605.00
CAPITAL OUTLAY 600.00
ALL OTHER COSTS 3,900.00
Total Wm. W. M. Henry No. 133 $43,105.00
Bridgeville No. 90
CAPITAL OUTLAY $100.00
ALL OTHER COSTS 650.00
Total Bridgeville No. 90 $750.00
Delmar No. 163
SALARIES
Teachers $6,926.00
Janitorial 1,636.00
Total Salaries $8,562.00
CAPITAL OUTLAY 100.00
ALL OTHER COSTS 650.00
Total Delmar No. 163 $9,312.00
John M. Clayton No. 97
SALARIES
Teachers $2,091.00
Total Salaries $2,091.00
CAPITAL OUTLAY 100.00
32 Chapter 21
ALL OTHER COSTS 650.00
Total John M. Clayton No. 97 $2,841.00
Greenwood No. 91
SALARIES
Teachers $1,224.00
Milton No. 8
SALARIES
Clerical $ 1,539.00
Teachers 14,057.00
Janitorial 3,111.00
Total Salaries $1,224.00
Total Greenwood No. 91 $1,224.00
Total Salaries $18,707.00
CAPITAL OUTLAY 200.00
ALL OTHER COSTS 1,300.00
Total Milton No. 8 $20,207.00
Frankford No. 206
CAPITAL OUTLAY $ 200.00
ALL OTHER COSTS 1,300.00
Total Frankford No. 206 $1,500.00
Millsboro No. 204
CAPITAL OUTLAY $100.00
ALL OTHER COSTS 650.00
Total Millsboro No. 204 $750.00
Chapter 21 33
William C. Jason No. 192
CAPITAL OUTLAY $ 200.00
ALL OTHER COSTS 1,300.00
Total William C. Jason No. 192 $1,500.00
Selbyville No. 210
SALARIES
Teachers $1,729.00
Total Salaries. $1,729.00
Total Selbyville No. 210 $1,729.00
Caesar Rodney
SALARIES
Teachers $39,324.00
Clerical 2,367.00
Janitorial 5,468.00
Health 1,965.00
Total Salaries $49,124.00
CAPITAL OUTLAY 1,100.00
ALL OTHER COSTS 7,150.00
Claymont
SALARIES
Clerical $2,621.00
Health 1,000.00
Total Caesar Rodney $57,374.00
Total Salaries $3,621.00
CAPITAL OUTLAY 400.00
34 Chapter 21
ALL OTHER COSTS 2,600.00
Total Claymont $6,621.00
Dover
SALARIES
Clerical $ 2,475.00
Teachers 15,155.00
Health 1,590.00
Total Salaries $19,220.00
CAPITAL OUTLAY 1,300.00
ALL OTHER COSTS 8,450.00
Total Dover $28,970.00
Alexis I. duPont
SALARIES
Teachers $7,088.00
Total Salaries $7,088.00
CAPITAL OUTLAY 200.00
ALL OTHER COSTS 1,300.00
Total Alexis I. duPont $8,588.00
Georgetown
SALARIES
Teachers $5,494.00
Total Salaries $5,494.00
Total Georgetown $5,494.00
Harrington
SALARIES
Principals $3,137.00
Chapter 21 35
Teachers 3,745.00
Total Salaries $6,882.00
CAPITAL OUTLAY 300.00
ALL OTHER COSTS 1,950.00
Total Harrington $9,132.00
Laurel
SALARIES
Teachers $2,392.00
Total Salaries $2,392.00
Total Laurel $2,392.00
Lewes
SALARIES
Teachers $5,220.00
Total Salaries $5,220.00
CAPITAL OUTLAY 100.00
ALL OTHER COSTS 650.00
Total Lewes $5,970.00.
Milford
SALARIES
Principals $1,145.00
Teachers 3,288.00
Total Salaries $4,433.00
CAPITAL OUTLAY 300.00
ALL OTHER COSTS 1,950.00
Total Milford $6,683.00
36 Chapter 21
Mount Pleasant
SALARIES
Teachers $52,442.00
Janitorial 18,049.00
- Cafeteria 1,800.00
Total Salaries $72,291.00
CAPITAL OUTLAY 800.00
ALL OTHER COSTS 5,200.00
New Castle
SALARIES
Teachers $ 85,490.00
Janitorial 2,400.00
Health 3,300.00
Total Mount Pleasant $78,291.00
Total Salaries $ 91,190.04
CAPITAL OUTLAY 1,800.00
ALL OTHER COSTS 11,700.00
Newark
SALARIES
Administrative Assistants $ 5,413.00
Clerical 3,840.00
Teachers 109,252.00
Total New Castle $104,690.00
Total Salaries $118,505.00
CAPITAL OUTLAY 2,400.00
ALL OTHER COSTS 15,600.00
Total Newark $136,505.00
Chapter 21 37
Rehoboth
SALARIES
Clerical $ 2,775.00
Teachers 7,174.00
Janitorial 1,829.00
Total Salaries $11,778.00
CAPITAL OUTLAY 100.00
ALL OTHER COSTS 650.00
Seaford
SALARIES
Teachers $18,062.00
Total Rehoboth $12,528.00
Total Salaries $18,062.00
CAPITAL OUTLAY 500.00
ALL OTHER COSTS 3,250.00
Smyrna
SALARIES
Teachers $21,225.00
Cafeteria 1,750.00
Total Seaford $21,812.00
Total Salaries $22,975.00
CAPITAL OUTLAY 600.00
ALL OTHER COSTS 3,900.00
Total Smyrna $27,475.00
BOARD OF PUBLIC EDUCATION
WILMINGTON
SALARIES
Administrative Assistants $3,369.00
38 Chapter 21
Janitorial 1,195.00
Total Salaries $4,564.00
Total Board of Public Education
Wilmington $4,564.00
STATE BOARD OF EDUCATION
Substitutes $ 100,000.00
Transportation 62,000.00
Total State Board of Education $ 162,000.00
TOTAL $1,295,811.00
Section 2. This Act is a supplementary appropriation act
and the money hereby appropriated shall be paid out of the
General Fund of the State of Delaware.
Approved April 13, 1961.
39
CHAPTER 22
AN ACT TO MAKE FURTHER PROVISION FOR THE ISSU-ANCE
OR BONDS WHICH THE GOVERNOR, THE STATE
TREASURER AND THE SECRETARY OF STATE ARE
AUTHORIZED TO ISSUE ON BEHALF OF THE STATE
OF DELAWARE PURSUANT TO ACTS HERETOFORE
ENACTED.
Be it enacted by the General Assembly of the State of
Delaware (three-fourths of all the Members elected to each
House concurring therein):
Section 1. Notwithstanding anything to the contrary con-tained
in any act heretofore enacted authorizing the Governor,
the State Treasurer and the Secretary of State to act as Issu-ing
Officers in issuing bonds of the State of Delaware, or in
any other law, the Secretary of State may, in executing said
bonds on behalf of the State of Delaware, cause a facsimile of
the Great Seal of the State of Delaware to be engraved or print-ed
thereon and, in any such case, it shall not be necessary to
affix to or impress on said bonds the Great Seal of the State of
Delaware.
Approved April 17, 1961.
40
CHAPTER 23
AN ACT RELATING TO ARBOR DAY.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. § 501, Title 1, Delaware Code, is amended by
striking the words : "the last Friday in April, known as Arbor
Day."
Section 2. Title 1, Delaware Code, is amended by adding
thereto a new chapter as follows :
CHAPTER 6. SPECIAL DAYS
§ 601.
The following days shall be commemorated in this State
by appropriate ceremonies: the last Friday in April, known as
Arbor Day.
Approved April 17, 1961.
CHAPTER 24
AN ACT TO VALIDATE THE ESTABLISHMENT AND OR-GANIZATION
OF THE DOVER HOUSING AUTHORITY.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. The establishment and organization of the
Dover Housing Authority in the State of Delaware under the
provisions of Title 31, Chapter 43, Sections 4301 to 4322, in-clusive,
Delaware Code Annotated 1953, as amended, together
with all proceedings, acts and things heretofore undertaken,
performed or done with reference thereto prior to March First,
Nineteen Hundred and Sixty-One, are hereby validated, ratified,
confirmed, approved and declared legal in all respects, notwith-standing
any defect or irregularity therein or any want of
statutory authority.
Section 2. This Act shall take effect immediately.
Approved April 17, 1961.
41
42
CHAPTER 25
AN ACT AUTHORIZING AND DIRECTING THE DELAWARE
NATIONAL GUARD TO PAY A CLAIM OF RODNEY
WILSON, SR.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. The Delaware National Guard is authorized
and directed to pay the sum of Two Thousand One Hundred
Ninety-five Dollars and Twenty-five cents ($2,195.25) to Rod-ney
Wilson, Sr., said sum being the amount of damages result-ing
when a military vehicle operated by a member of the Na-tional
Guard on July 22, 1960 during the prescribed course of
his duties collided with a motor vehicle owned by the said
Rodney Wilson, Sr.
Approved April 17, 1961.
43
CHAPTER 26
AN ACT TO AMEND SECTION 34 OF CHAPTER 207, VOL-UME
17, LAWS OF DELAWARE BY AUTHORIZING
"THE MAYOR AND COUNCIL OF WILMINGTON", A
MUNICIPAL CORPORATION, TO PROVIDE, BY ORDI-NANCE,
FOR A PROCEDURE FOR THE WITHDRAWAL
OF FUNDS ON DEPOSIT IN THE NAME OF "THE
MAYOR AND COUNCIL OF WILMINGTON", INCLUD-ING
THE AUTHORIZATION TO SAID "THE MAYOR
AND COUNCIL OF WILMINGTON" TO AUTHORIZE
THE USE OF FACSIMILE SIGNATURES ON CHECKS
DRAWN AGAINST THE ACCOUNTS OF "THE MAYOR
AND COUNC/L OF WILMINGTON".
Be it enacted by the General Assembly of the State of
Delaware (two-thirds of all Members elected to each House of
the General Assembly Concurring herein.):
Section 1. That Section 34 of Chapter 207, of Volume 17,
Laws of Delaware, be and the same is hereby amended by strik-ing
out said Section 34 and adopting the following in lieu there-of:
All moneys belonging to the city which shall come into
the hands of the city treasurer shall be by him deposited
every day in some incorporated banking institution or in-stitutions
to be designated by the council, in the name of
"The Mayor and Council of Wilmington", generally, except
in the case of money proceeds arising out of a bonded debt
authorized by the general assembly for a specific purpose or
use, in which case such money proceeds shall be deposited
in the name of "The Mayor and Council of Wilmington" for
the special purpose or use for which the debt was authorized
and shall only be drawn out for such special purpose or
use.
Section 2. "The Mayor and Council of Wilmington" is
hereby authorized to adopt an Ordinance or Ordinances estab-lishing
and prescribing a procedure for the withdrawal of
moneys deposited in the name of "The Mayor and Council of
44 Chapter 26
Wilmington", including the naming of the person or persons
who shall be required to sign checks, drafts, warrants, vouchers
or other instruments for the payment of money.
Section 3. Any elected or appointed public official of "The
Mayor and Council of Wilmington", who is permitted or re-quired
in the performance of his duties to affix his signature
on any check, draft, warrant, voucher, or other instrument for
the payment of money, may adopt a facsimile thereof, in lieu
of such manual signature, and affix such facsimile to any such
instrument. Notice of the adoption of any such facsimile sig-nature
shall be given in writing to the depository from which
funds are to be withdrawn, which notice shall include a de-scription
of such facsimile signature. Prior to use of such
facsimile, the written approval of such depository must be
obtained.
Section 4. Any depository, bank, or other person which
in good faith gives value for any check, draft, warrant, voucher,
or other instrument for the payment of money bearing a duly
adopted facsimile signature as authorized hereby shall be fully
protected in such giving of value notwithstanding that the
facsimile signature shall have been affixed without the author-ity
or knowledge of the person whose signature it should pur-port
to be.
Section 5. No person shall fraudulently imitate or dupli-cate
or attempt to fraudulently imitate or duplicate the facsi-mile
signature of any public official of "The Mayor and Council
of Wilmington", who is permitted or required in the perform-ance
of his duties to affix his signature to checks, drafts, war-rants,
vouchers, or other instruments for the payment of money,
nor shall any person cause any such genuine facsimile signa-tures
to be printed or impressed to checks, drafts, warrants,
vouchers, or other instruments for the payment of money,
without the authority of said person so authorized.
Section 6. No provisions hereof shall release the liability
of any public official, employee, or other person for loss of funds
occasioned by any unauthorized use or misuse of a duly adopted
facsimile signature. All officials may protect themselves from
Chapter 26 45
loss, damage, or expense occasioned by the unauthorized use
of such facsimile signature by purchasing, at public expense, a
surety bond or insurance in such amount as is approved by the
City Solicitor.
Section 7. Any person violating any provisions of this
law shall, upon conviction, be deemed guilty of a felony and
shall be imprisoned for a term not to exceed five years and/or
fined not less than $500.00 nor more than $2,500.00 or both, in
the discretion of the Court.
Approved April 20, 1961.
46
CHAPTER 27
AN ACT TO AMEND CHAPTER 21, TITLE 23, DELAWARE
CODE, RELATING TO REGISTRATION, EQUIPMENT
AND OPERATION OF MOTOR BOATS.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Section 2116, Title 23, Delaware Code, is amend-ed
by adding a new sentence thereto to read as follows:
In addition to the number there shall be displayed after
the number a decal furnished by the Delaware Commission of
Shell Fisheries, Small Boat Safety Division showing the year
of issuance of said license.
Section 2. Section 2117 (a), Title 23, Delaware Code, is
amended by striking out the word "$2" in the second sentence
and by inserting in lieu thereof the word "$3".
Section 3. Section 2117 (b), Title 23, Delaware Code, is
amended by adding thereto two new sentences to read as fol-lows:
"The number may be retained by the owner in the event of
a transfer by paying a fee of $2.00 for transfer. In the event
a duplicate registration card is required there shall be a fee
of $1.00".
Section 4. Section 2117 (j), Title 23, Delaware Code, is
repealed and a new Section 2117 (j) enacted in lieu thereof as
follows:
"(j) Livery owners shall pay the same charges as the
owner of a boat not for hire. Dealers shall be issued one regis-tration
number for a fee of $5.00 and for each additional num-ber,
the dealer shall pay a fee of $3.00 to be used for demon-stration
purposes only".
Section 5. Section 2117 (k), Title 23, Delaware Code, is
repealed.
Chapter 27 47
Section 6. Section 2122, Title 23, Delaware Code, is amend-ed
by adding a new subsection to be known as (c) to read as
follows :
"(c) It shall be unlawful for any person to operate a motor
boat (1) in a reckless manner disregarding the safety of others,
or (2) to overload a vessel, or (3) to operate while under the
influence of intoxicating liquor or of any drug".
Section 7. Section 2124, Title 23, Delaware Code, is amend-ed
by adding a new subsection to be known as (e) to read as
follows :
"(e) Water skiing shall be prohibited in the following
areas :
Rehoboth Canal
Channel through Massey's Landing
Fenwick Ditch
Any other public swimming areas unless authorized
by a special permit issued by the Small Boat Safety Division
of the Delaware Commission of Shell Fisheries".
Section 8. Section 2130, Title 23, Delaware Code, is re-pealed
and a new Section 2130 enacted in lieu thereof to read
as follows :
§ 2130. Penalties
Any person who violates any provision of this title shall
be guilty of a misdemeanor and shall be subject to a fine of not
less than $25. nor more than $100. or ten days in jail for each
such violation.
Approved April 20, 1961.
48
CHAPTER 28
AN ACT TO DIRECT THE LEVY COURT OF SUSSEX
COUNTY TO APPROPRIATE $500 ANNUALLY TO SEL-BYVILLE
AMERICAN LEGION POST NO. 39 INC. FOR
THE MAINTENANCE OF AN AMBULANCE.
Be it enacted by the General Assembly of the State of
Delaware (three-fourths of all Members elected thereto con-curring
therein):
Section 1. Title 9, Section 6132 (a), Delaware Code, is
amended by adding the following thereto:
"Selbyville American Legion Post No. 9, Inc."
Approved April 24, 1961.
CHAPTER 29
AN ACT TO AMEND TITLE 29, SECTION 4301, DELAWARE
CODE, RELATING TO NOTARIES PUBLIC BY INCREAS-ING
THE NUMBER OF NOTARIES THAT MAY BE
GRANTED.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Amend Title 29, § 4301 (a), Delaware Code by
substituting the figure "800" for the figure "750" therein; sub-stituting
the figure "200" for the figure "175" therein and sub-stituting
the figure "225" for the figure "200" therein.
Approved April 24, 1961.
49
50
CHAPTER 30
AN ACT TO AMEND AN ACT ENTITLED "AN ACT MAKING
APPROPRIATIONS FOR THE EXPENSES OF THE
STATE GOVERNMENT FOR THE FISCAL YEAR END-ING
JUNE 30, 1961", BEING CHAPTER 299, VOLUME
52, LAWS OF DELAWARE, IN RESPECT TO APPRO-PRIATIONS
TO THE STATE COMMUNICATIONS DIVIS-ION
OF THE STATE HIGHWAY DEPARTMENT, BY
MAKING CERTAIN TRANSFERS THEREIN.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. The appropriations to the State Highway De-partment
appearing under "State Communications Division" in
Section 1, Chapter 299, Volume 52, Laws of Delaware, is amend-ed
by transferring the sum of $3,000 from the item "Salaries
and Wages of Employees" to the item "Repairs and Replace-ments".
Section 2. The appropriations to the State Highway De-partment
appearing under "State Communications Division" in
Section 1, Chapter 299, Volume 52, Laws of Delaware, is amend-ed
by transferring the sum of $6,000 from the item "Opera-tions"
to the item "Repairs and Replacement".
Section 3. The appropriations to the State Highway De-partment
appearing under "State Communications Division" in
Section 1, Chapter 299, Volume 52, Laws of Delaware, is amend-ed
by transferring the sum of $5,400 from the item "Salary of
Administrator" to the item "Repairs and Replacements".
Approved April 24, 1961.
CHAPTER 31
AN ACT TO AMEND THE CHARTER OF SMYRNA, CHAP-TER
192, VOLUME 36, LAWS OF DELAWARE, BY AU-THORIZING
THE TOWN COUNCIL TO FILL THE
OFFICES OF TOWN TREASURER, BOARD OF ASSESS-MENT,
ALDERMAN AND TOWN COLLECTOR IN THE
EVENT OF ANY VACANCY FOR ANY REASON.
Be it enacted by the General Assembly of the State of
Delaware (two-thirds of all Members elected thereto concurring
therein):
Section 1. Section 10, Chapter 192, Volume 36, Laws of
Delaware is hereby amended to read as follows:
Section 10. Disqualification of Elective Officers. If the
Town Treasurer ,or any member of the Board of Assessment or
the Alderman and Town Collector shall, during his respective
term of office, lose his residence in said Town, his citizenship in
the State of Delaware, or be found guilty of any crime or mis-demeanor,
he shall forthwith be disqualified to act as such Trea-surer,
member of said Board of Assessment or Alderman and
Town Collector, and his office shall be deemed vacant and shall
be filled by appointment of Council for the residue of his term,
provided that the person appointed by Council to fill such va-cancy
or vacancies shall have the same qualifications as are re-quired
of a candidate for the office to be so filled and provided,
further, that Council shall have the same powers and limitations
of appointment in case of any vacancy in the aforesaid offices
for any reason.
Approved April 24, 1961.
53.
52
CHAPTER 32
AN ACT TO AMEND TITLE 19, DELAWARE CODE, RE-LATING
TO UNEMPLOYMENT COMPENSATION, BY
CHANGING CERTAIN OF THE PROVISIONS RELATING
TO VARIABLE CONTRIBUTION RATES.
Be it enacted by the General Assembly of the State of
Delaware:
Section 1. Title 19, Section 3315 (1), Delaware Code, is
amended to read as follows:
For the period of unemployment next ensuing after
he has left his work voluntarily without good cause attributable
to such work. However, if an individual has left his work in-voluntarily
because of illness, no disqualification shall prevail
after he becomes able to work and available for work and meets
all other requirements under this title, but the Commission shall
require a doctor's certificate to establish such availability.
Wage credits earned in such work, if employment under this
title, shall not constitute benefit wages in connection with Sec-tions
3349-3356 of this chapter.
Section 2. Title 19, Section 3315 (2), Delaware Code, is
amended to read as follows :
For the period of unemployment next ensuing after
an individual has been discharged from his work for just cause
in connection with his work. Wage credits earned in such work,
if employment under this title, shall not constitute benefit
wages in connection with Sections 3349-3356 of this chapter.
Section 3. Title 19, Section 3349, Delaware Code, is amend-ed
by striking out all of paragraph (c) thereof.
Section 4. Title 19, Section 3350 (4), Delaware Code, is
amended to read as follows:
(4) For any calendar year, the "state experience factor"
shall be the term used for the total benefits paid from the fund
Chapter 32 53
during the most recent three completed experience years, divid-ed
by the total of the benefit wages of all employers during the
same three years. In such computation, any fraction shall be
adjusted to the nearest multiple of 1%.
Section 5. Title 19, Section 3350 (5), Delaware Code, is
amended by inserting the word "basic" before the words "con-tribution
rate" wherever the same appear therein.
Section 6. Title 19, Section 3350 (6), Delaware Code, is
amended to read as follows:
(6) No employer's basic contribution rate for the period
of 12 months commencing January first of any calendar year
shall be less than 2 7/10% unless all contributions due on wages
paid for employment for such employer during pay periods
ending on or prior to June 30 of the preceding year have been
paid on or prior to September 30 of such preceding year. If
such contributions due are paid after September 30 of the pre-ceding
year but prior to or on the last day of any calendar
quarter of any calendar year, such employer's basic contribu-tion
rate for contributions on wages paid for employment for
such employers during pay periods in the said calendar quarter,
and for wages paid for employment for such employer during
pay periods in all succeeding calendar quarters in such calendar
year, shall be the basic contribution rate determined for such
employer under the provisions of paragraph (5) of this section.
Section 7. Title 19, Section 3350, Delaware Code, is amend-ed
by adding thereto a new paragraph (9) reading as follows :
(9) Supplemental Contribution Rate
(A) For the purpose of this section:
(i) The "solvency factor" shall be an amount equal to
one-and-a-half times the ratio of benefit payments to total pay-rolls
in covered employment in the four consecutive calendar
quarter period, within the sixty consecutive calendar quarters
ending on June 30 immediately preceding the computation date,
in which the ratio of benefit payments to total payrolls in
covered employment was highest.
54 Chapter 32
(ii) The "safety balance" shall be an amount equal to the
product of the solvency factor times total payrolls in covered
employment in the four calendar quarter period ending on June
30 immediately preceding the computation date.
(B) For any year with respect to which the balance in
the fund on the computation date therefor is less than the safety
balance, each employer's standard or basic contribution rate,
whichever shall be applicable to such employer, shall be in-creased
by a "supplemental contribution rate."
The supplemental contribution rate shall be the percentage
obstained by dividing the "solvency assessment," as defined be-low,
by the sum of the taxable wages of all employers in the four
calendar quarter period ending on June 30 immediately pre-ceding
the computation date. In such comptation, any fraction
shall be adjusted to the next higher multiple of one-tenth of
one percent. In no case, however, shall the supplemental con-tribution
rate exceed one and one-half percent.
The solvency assessment shall be determined as follows:
For the three calendar quarters ending December 31,
1961, the solvency assessment shall be one-half the amount by
which the balance in the fund on the computation date is less
than the safety balance on June 30 immediately preceding such
computation date.
For the calendar year 1962, the solvency assessment
shall be one-half the amount by which the sum of the balances
in the fund on the computation date and the preceding computa-tion
date is less than the sum of the safety balances on June
30 immediately preceding each such computation date.
For the calendar year 1963, and for each calendar
year thereafter, the solvency assessment shall be one-third of
the amount by which the sum of the balances in the fund on the
computation date and the two consecutive computation dates
immediately preceding are less than the sum of the safety bal-ances
on June 30 immediately preceding each such computation
date.
Approved April 25, 1961.
CHAPTER 33
AN ACT TO FURTHER AMEND CHAPTER 121, VOLUME 28,
LAWS OF DELAWARE, AS AMENDED BY CHAPTER
142, VOLUME 36 AND CHAPTER 4, VOLUME 51, LAWS
OF DELAWARE, AND RELATING TO THE TAKING
AND HEARING OF APPEALS FROM THE BOARD OF
ASSESSMENT FOR THE CITY OF WILMINGTON.
Be it enacted by the General Assembly of the State
Delaware (two-thirds of all Members elected to each House
concurring therein):
Section 1. That Chapter 121, Volume 28, Laws of Dela-ware,
as amended by Chapter 142, Volume 36, and Chapter 4,
Volume 51, Laws of Delaware, be further amended by the addi-tion
of a new section, to be known as Section 15A and reading
as follows :
§ 15A. Appeals to the Superior Court
In sitting and hearing appeals filed as provided in Section
15, the Board of Assessment for the City of Wilmington shall
permit the introduction of all relevant evidence, including the
testimony of witnesses, presented by the appellant or on behalf
the Board of Assessment. The Board shall make and keep a
record of all evidence presented at such appeal proceedings.
The Board shall notify the appellant in writing, by registered
mail, of the Board's decision within five days of the date of its
decision. Any person who feels aggrieved by the decision of
the Board may, within 30 days after receiving notice of the
Board's decision, appeal therefrom to the Superior Court of
the State of Delaware. The decision of the Board shall be
prima facie correct and the burden of proof shall be on the
appellant to show that the Board acted contrary to law, fraudu-lently,
arbitrarily or capriciously. The appeal shall be heard
on the record and proceedings of the Board which shall be
certified to the Court by the Board within 15 days after service
on the Board of the notice of appeal. The Court may affirm,
reverse or modify the decision of the Board. Either party to
the appeal may appeal such decision of the Superior Court to
55
56 Chapter 33
the Supreme Court of the State of Delaware, provided that such
appeal is taken in accordance with the Rules of Procedure of
the Superior Court of the State of Delaware and the Rules of
the Supreme Court of the State of Delaware.
Section 2. In any appeal which was filed with the Board
of Assessment before March 31, 1961, any person who feels ag-grieved
by the decision of the Board may appeal to the Superior
Court as herein provided, provided such appeal is taken within
30 days after receipt of notice of the Board's decision or within
30 days of the effective date of this Act, whichever date is
later.
Approved April 28, 1961
CHAPTER 34
AN ACT TO AMEND CHAPTER 45, TITLE 7 OF THE DELA-WARE
CODE RELATING TO PUBLIC LANDS LYING
BENEATH THE WATERS OF A NAVIGABLE BODY OF
WATER.
Be it enacted by the General Assembly of the State
of Delaware:
Section 1. Chapter 45, Title 7 of the Delaware Code is
amended by adding thereto the following new section :
§ 4520. Sale, lease, or easement of or in subaqueous public lands;
special commission, qualifications of members, term and
expenses
Whenever in the opinion of the Governor, it shall be
in the public interest to do so, the Governor may, for and on
behalf and in the name of the State, sell a fee simple or any
lesser interest in, lease, or grant an easement in or over, any
part or parts of the public lands of the State lying beneath the
waters of the Delaware Bay, Delaware River or any other body
of navigable water in the State (including the beach or shore to
the mean high water level, except Rehoboth Bay, Indian River,
Assawoman Bay and Assawoman Canal) for such price, or rent,
and on such other terms and conditions as shall have been fixed
and recommended in writing to the Governor by at least a
majority of a special commission of three members who shall
be specially appointed by the Governor for each transaction
for the specific purpose of fixing the purchase price, rent and
other terms and conditions which are to govern such trans-action.
The members of such special commission shall have
no interest in or connection with the prospective purchaser,
lessee or grantee. At least two members of such commission
shall be residents of the county in which the property involved
is located. No more than two members of each such commis-sion
shall be of the same political party. A special commission
so constituted shall be appointed by the Governor on each oc-
57
58 Chapter 34
casion when an application is made to the Governor by a pros-pective
purchaser, lessee or grantee. The terms of the members
of each such commission and the life of each such commission
shall terminate and expire thirty days after the commission
has rendered its written recommendation and report to the
Governor, unless the Governor shall extend such terms and the
life of the commission until the consummation of the specific
transaction with respect to which the Commission was ap-pointed.
If a vacancy shall occur in the membership of a com-mission
for any reason, the Governor shall appoint a new mem-ber
to fill the vacancy. The members of a commission shall
serve without compensation, but shall be reimbursed for their
expenses incurred in the performance of their duties. Each
commission is authorized to employ, engage or obtain such
appraisers, surveyors and other appropriate professional or
technical assistance as it deems necessary, or advisable under
the particular facts and circumstances involved in the per-formance
of its duties. The expenses of each such commission
incurred in the performance of its duties, including the expenses
of the commissioners, shall be paid by the person who has made
application to purchase, lease or obtain an interest in the prop-erty
and, on request of the Governor or the commission, the
estimated expenses shall be advanced from time to time by
such applicant.
Before acting under this section, in any instance, the
Governor may, at his option, request any State agency or agen-cies
for a report or recommendation with respect to the perti-nent
facts and conditions involved in any proposed grant or lease
for which an application has been made to him. The Governor
shall furnish a copy of any such report or recommendation to
the special commission appointed by him pursuant to para--
graphs (a) and (b) of this section.
Within 20 days after the appointment of a special
commission, it shalt fix a time (which shall not be more than
50 days after its appointment) and a place (which shall be in
the county seat of the county in which the property is located)
for a public hearing on the application to purchase, lease or
obtain an interest in the property. The commission shall give
notice of such hearing, at least. 10 days before the hearing,
Chapter 34 59
by publishing a notice once in a newspaper published in the
county in which the property is located and by mailing a notice
by registered mail to the applicant. A general description of
the location of the property, which may but need not be by
metes and bounds, shall be included in the notice.
If any part of the subaqueous land which may be the
subject of any transaction authorized by this section is covered
by a lease granted by the Delaware Commission of Shell Fish-eries
pursuant to chapter 19 of Title 7 of this Code, then any
conveyance, lease or grant of such subaqueous land made pur-suant
to paragraph (a) of this section shall be subject to the
unexpired term of such then outstanding lease theretofore
granted by the Delaware Commission of Shell Fisheries.
Nothing contained in this section shall authorize the
Governor to grant any title, lease, easement or other interest
for oyster purposes and this section does not repeal or affect
any of the powers or jurisdiction of the Delaware Commission
of Shell Fisheries except so far as is necessary to give effect
to the full enjoyment and use by the grantee or lessee of the
title, lease, easement or other interest granted under and
pursuant to this section.
This section shall expire on June 30, 1964; provided,
however, that any transaction or proceeding under this section
that is commenced before such expiration date may be con-summated
and concluded after that date.
Approved May 1, 1961.
60
CHAPTER 35
AN ACT AUTHORIZING THE STATE OF DELAWARE TO
BORROW MONEY TO BE USED BY THE BOARD OF
TRUSTEES OF THE STATE WELFARE HOME AND
HOSPITAL FOR THE CHRONICALLY ILL AT SMYRNA
TO BE USED TO MAKE CAPITAL IMPROVEMENTS AND
TO PURCHASE EQUIPMENT FOR THE STATE WEL-FARE
HOME AND TO ISSUE NOTES AND BONDS
THEREFOR AND APPROPRIATING THE MONEY BOR-ROWED
TO THE SAID BOARD.
Be it enacted by the General Assembly of the State
Delaware (three-fourths of all the Members elected to each
House concurring therein):
Section 1. The Governor, Secretary of State and State
Treasurer of the State of Delaware (herein sometimes referred
to as the Issuing Officers) shall borrow upon the faith and
credit of the State of Delaware a sum of money not in excess
of $1,350,000.00 which shall be used by the Board of Trustees
of the State Welfare Home and Hospital for the Chronically
at Smyrna for the erection of additional facilities at the State
Welfare Home. The additional facilities shall include sleeping
quarters, bathrooms, dining rooms, and living rooms and such
other facilities as are needed. A portion of the funds appro-priated
may be used for the payment of architects and engi-neering
fees and for the purchase of equipment to be used at
the State Welfare Home. For the purpose of borrowing said
sum, the Issuing Officers are hereby authorized to issue bonds
of the State of Delaware in an aggregate principal amount not
exceeding $1,350,000.00. The bonds may be issued all at one
time, or from time to time, in such series and amounts as the
Issuing Officers shall determine to be required, subject to the
provisions contained in this Act. Said sum of money may be
borrowed and said bonds may be issued in addition to any
sums authorized to be borrowed or bonds authorized to be
issued for the purposes hereinbefore described by any other
law now in effect.
Section 2. In anticipation of the issuance of bonds, the
Issuing Officers may issue and sell notes of the State of Dela-
Chapter 35 61
ware at either public or private sale for not less than par and
accrued interest. They may be renewed from time to time by
the issuance and sale of new notes, but all such notes shall
mature and be paid not later than June 30, 1962. The total
amount of notes outstanding at any one time, shall not exceed
$25,000.00 or, if any bonds shall have been issued pursuant to
this act, the amount by which $25,000 shall exceed the amount
of such bonds. If the aggregate amount of bonds or notes
issued pursuant to this act shall exceed $25,000, the moneys
raised by the issuance of said bonds shall, to not less than the
amount of such excess, be applied to the payment of such notes
then outstanding.
The notes may be redeemed at part and accrued interest
prior to their maturity, if the right of the State to do so shall
have been reserved by an express provision in the notes. The
principal of the notes shaall be paid out of the proceeds of the
sale of the bonds or notes.
Section 3. The bonds and notes issued in accordance with
the provisions of this Act shall be direct general obligations of
the State, and the public faith and credit of the State of Dela-ware
are hereby expressly pledged for the full and complete
payment of the debt, principal and interest by this Act author-ized,
of the bonds and notes hereby authorized to be issued and
the coupons thereto attached, and the bonds and notes shall be
exempt from taxation by the State or any political subdi-visions
thereof for any purpose.
Section 4. The bonds and notes shall recite that they are
issued for the purposes set forth in Section 1 of this Act, that
they are issued in pursuance of this Act and the Constitution
of this State, and upon the sale and delivery of any such bond
or note, such recitals shall be conclusive upon the State of Dela-ware
and all and every other person whatsoever of the right,
power and authority for the issuance of the bonds or notes and
legality and validity of the bonds or notes and of the principal
debt and interest represented thereby, and the legality and
validity of the bonds or notes thereafter shall never be ques-tioned
in any court of law or equity by the State of Delaware
or any person or persons for its use or in its behalf, and this
62 Chapter 35
provision shall be and become part of the contract and obliga-tion
represented by any of the bonds or notes.
Section 5. The bonds issued under the authority of this
Act shall be in denominations of $1,000 or a multiple thereof,
as shall be decided by the Issuing Officers, or the majority of
them, with coupons thereto attached for each half year's inter-est
thereon. The bonds shall be numbered consecutively, and
shall bear such dates as the Issuing Officers shall fix and shall
bear interest at such rate as shall be determined by the bid
accepted by the Issuing Officer, which interest shall be payable
semi-annually in each year that such bonds remain unpaid, at
the Farmers Bank of the State of Delaware, at Dover, upon
presentation of a coupon representing such semi-annual inter-est.
The bonds shall be in such form and may contain such
other and further recitals and be subject to such terms and
conditions, with such privileges as to registration, conversion,
reconversion, redemption and exchange, and may contain such
other provisions as may be determined by said Issuing Officers.
The bonds shall mature as the Issuing Officers may deter-mine;
provided, however, that the principal amount of the
bonds, or any series thereof, shall be made to mature fully
within twenty (20) years from the date of issue thereof.
The bonds shall be executed on behalf of the State of
Delaware by the Governor, the Secretary of State and the State
Treasurer and shall have the impression of the Great Seal of
the State thereon or shall have a facsimile of the Great Seal
thereon. The facsimile signatures of the Governor and the
Secretary of State may be engraved or printed on the bonds,
but the signature of the State Treasurer shall be in his own
proper handwriting.
Attached interest coupons shall bear the signature of the
State Treasurer which may be engraved, printed or written on
such coupons. The coupons attached to each bond shall bear the
same number as the bond to which they are attached.
The bonds, with the coupons attached, may be issued not-withstanding
that any of the officers executing them in the
Chapter 35 63
manner herein provided shall have ceased to hold office at the
time of such issue or at the time of the delivery of the bonds.
Section 6. For the purpose of designation and identifica-tion
any bond issued under the authority of this Act shall be
known and styled "State Welfare Home Bond of 1961".
Section 7. The bonds, as well as the interest coupons there-to
attached, shall be issued in such form or forms as the Issuing
Officers may adopt.
It shall be the duty of the State Treasurer to provide a
record of the proper size and form to be retained in his office,
in which he shall keep a record of all bonds which shall be paid
and redeemed according to the number thereof, and in addi-tion
thereto he shall cause any such bond to be cancelled by
making lines with red ink through the signatures of the Gov-ernor,
Secretary of State and State Treasurer, and also by
writing across the face thereof in red ink the following:
This bond paid and redeemed this day of
A. D 19
State Treasurer
As the said coupons are paid, it shall be the duty of the
State Treasurer to mark the same in red ink across the face
"Paid". All bonds paid and redeemed, as well as all coupons
paid and cancelled as aforesaid, shall be safely kept by the State
Treasurer so long as any bond authorized by this Act is unpaid
and not redeemed.
Section 8. Whenever the bonds authorized by this Act
may be issued in conformity with the provisions of this Act,
the Issuing Officers are hereby directed to advertise that they
will receive bids at such place or places that may be named in
said advertisement for such bonds under such regulations as
may be made in the discretion of the Issuing Officers. Sufficient
notice of sale of the bonds shall be deemed to have been given
if said notice shall have been published at least once, ten or
more days before the date of sale in at least one newspaper
64 Chapter 35
published in the State of Delaware and in a financial journal
published in the City of New York, and no other publications
of such notice of sale shall be necessary; and the bonds may be
sold upon such terms and conditions as may be set forth in such
notice of sale, provided that the purchase price shall be not
less than par and accrued interest. If any of the bonds so
offered for sale are not bid for, of if any insufficient price
be bid for them, they may be subsequently disposed of under
the direction of the Issuing Officers at private sale upon the
best terms they can obtain for the same, provided that they
shall not be sold at private sale for less than par and accrued
interest.
Section 9. All moneys received from the sale of the bonds
or notes shall be deposited by the State Treasurer in the
Farmers Bank of the State of Delaware at Dover, and shall
be used exclusively in accordance with the provisions of this
Act and for the purpose of paying the principal of notes issued
under this Act.
In addition to any moneys appropriated by any other Act
there is hereby appropriated to the Board of Trustees of the
State Welfare Home and Hospital for the Chronically Ill at
Smyrna the sum of $1,350,000.00 or so much thereof as shall
be received from the sale of the bonds and notes authorized
hereby, which shall be used for the purpose set forth herein.
Any of said funds remaining unexpended at the end of any
fiscal year shall not revert to the General Fund, but shall re-main
in said account to be used for the purposes set forth in
this Act.
Section 10. There is hereby appropriated from the Gen-eral
Fund such sums as may be necessary for the expenses
incident to the issuance of the bonds and notes herein author-ized,
and such further sums as may be necessary to pay any
interest which becomes due on such bonds and notes during
the fiscal year ending June 30, 1962, and such further sums as
may be necessary for the repayment of the principal of any
of the said bonds which become due during the fiscal year
ending June 30, 1962. Vouchers for the payment of the ex-penses
incident to the issuance of bonds and notes and for
interest and repayment of said notes shall be signed by the
Chapter 35 65
Secretary of State by and with the approval of the Issuing
Officers. Any money received from the premium and accrued
interest on the sale of said bonds shall be deposited to the
credit of the General Fund.
Section 11. The Budget Appropriation Bill which shall
be enacted and approved by the General Assembly for the fiscal
year beginning July 1, 1961 and for each subsequent fiscal
year or biennium, shall contain under the Debt Service Item
provisions for the payment of interest and principal maturities
of the bonds issued under the authority of this Act, and such
of the revenue of the State of Delaware as are not prohibited
by Constitutional provisions or committed by preceding stat-utes
for other purposes are hereby pledged for the redemp-tion
and cancellation of said bonds and payment of interest
thereon.
Approved May 2, 1961.
CHAPTER 36
AN ACT TO AMEND SECTION 2503, TITLE 10, DELAWARE
CODE TO PERMIT THE REGISTER IN CHANCERY FOR
NEW CASTLE COUNTY TO EMPLOY ADDITIONAL
CLERKS.
Be it enacted by the General Assembly of the State
of Delaware:
Section 1. Subsection 2503 (b) (1) Title 10, Delaware
Code, amended by striking out the word "six" appearing there-in
and inserting in lieu thereof the word "eight".
Approved May 2, 1961.
CHAPTER 37
AN ACT TO AMEND CHAPTER 207, VOLUME 17, LAWS
OF DELAWARE, ENTITLED "AN ACT TO REVISE AND
CONSOLIDATE THE STATUTES RELATING TO THE
CITY OF WILMINGTON," AS AMENDED, BY FURTHER
AMENDING SECTION 31 THEREOF SO THAT THE
COUNCIL SHALL HAVE POWER TO PROVIDE, BY
ORDINANCE OR RESOLUTION, FOR THE SALE AND
DISPOSITION OF ABANDONED AND SURPLUS LANDS
AND PROPERTIES AND THE PROCEEDS THEREFROM.
Be it enacted by the General Assembly of the State
Delaware (two-thirds of all Members elected to each House
of the General Assembly concurring herein):
Section 1. That Section 31 of Chapter 207, Volume 17,
Laws of Delaware, as amended, be and the same is hereby
further amended by adding a new paragraph to Section 31, as
amended, to read as follows : .
"The Council shall have power and authority to adopt a
procedure, either by Ordinance or Resolution, for the sale and
disposal of surplus and abandoned land and property and the
method of utilization and disposition of the moneys received
from such sales ; provided, that all such ordinances or reso-lutions
shall, in order to become operative and effective, re-ceive
the affirmative vote of two-thirds of all members elected
to The Council and be approved by the Mayor and further pro-vided
that in the event of a sale and disposal of such surplus
and abandoned land and property, the City of Wilmington
shall refund to the State of Delaware such sum of money re-ceived
from the sale and disposal of such property as is pro-portionate
to the sum of money contributed by the State of
Delaware for the construction and/or improvement of such
surplus and abandoned land and property."
Approved May 3, 1961.
_67
68
CHAPTER 38
AN ACT TO INCREASE THE COMPENSATION OF THE
COMPTROLLER FOR NEW CASTLE COUNTY AND THE
CLERK OF THE PEACE FOR NEW CASTLE COUNTY.
Be it enacted by the General Assembly of the State
of Delaware:
Section 1. § 9306, Title 9, Delaware Code is amended by
striking out the figures "$5400" as they appear in the first line
of said section and inserting in lieu thereof the figures "$7000".
Section 2. § 9402, Title 9, Delaware Code is amended by
striking out the figures 15400" as they appear after the words
New Castle County therein and inserting in lieu thereof the
figures of 17000."
Approved May 4, 1961.
CHAPTER 39
AN ACT PERTAINING TO THE STATE HIGHWAY DEPART-MENT
AND PROVIDING FOR ITS REORGANIZATION,
COMPOSITION, MEMBERSHIP, COMMITTEES, QUOR-UMS,
OATHS OF MEMBERS, AND COMPENSATION TO
MEMBERS; FOR LIABILITY INSURANCE FOR DE-PARTMENT
EMPLOYEES; FOR APPOINTMENT AND
POWERS OF NOTARIES PUBLIC; FOR THE TRANSFER
OF FUNDS FOR EMERGENCY MAINTENANCE; FOR
RATIFICATION OF THE ACTS OF THE STATE HIGH-WAY
DEPARTMENT CREATED BY TITLE 17, DELA-WARE
CODE, SECTION 111; FOR AMENDMENT IN
THE MANNER OF SELECTING A CHAIRMAN OF THE
DEPARTMENT; FOR CERTAIN CHANGES IN THE DE-PARTMENT'S
POWERS AND DUTIES; FOR ABOLITION
OF THE OFFICES OF CHIEF ENGINEER AND SECRE-TARY;
FOR CREATION OF THE OFFICES OF DIREC-TOR
OF OPERATIONS AND CONTROLLER; FOR
AMENDMENTS WITH RESPECT TO DETERMINATION
AS TO HIGHWAY IMPROVEMENTS, IMPROVEMENT
OF ROADS LEADING TO INSTITUTIONS; COMPETIT-IVE
BIDDING, PREPARATION OF PLANS AND SPECI-FICATIONS,
ADVERTISEMENT FOR BIDS, OPENING
OF BIDS, AND AWARDING OF CONTRACTS; AND FOR
ESTABLISHMENT OF A MERIT SYSTEM OF EMPLOY-MENT
AS TO CERTAIN EMPLOYEES OF THE DE-PARTMENT.
Be it enacted by the General Assembly of the State
of Delaware:
Section 1. Subchapter II of Title 17 of the Delaware
Code, as amended, including all of the paragraphs and sections
thereof, is hereby repealed. The State Highway Department
and the offices of members of the State Highway Department
created by Section 111 of Title 17 of the Delaware Code are
hereby abolished, except that all of the present members of the
Department shall continue in such offices until all of the mem-bers
of the new department, created in Section 3 hereof, shall
have been appointed and qualified.
69
70 Chapter 39
Section 2. All acts and actions of the State Highway
Department created by § 111 of Title 17 of the Delaware Code
and all acts and actions of the members of such Highway De-partment,
as recorded or reflected in the minutes or other
records of the Department, are hereby ratified, confirmed, ap-proved
and declared to be valid and effective acts and actions
of the Department and the members thereof, except any such
acts or actions as may have been invalid prior to the effective
date of this Section.
Section 3. Subchapter II of Title 17 of the Delaware
Code, having been repealed by Section 1 hereof, the following
new sections are substituted therefor as a new subchapter II
of Title 17:
SUBCHAPTER II. ORGANIZATION AND ADMINISTRATION
§ 111. Composition; appointment; term; qualifications; va-cancy
The Department shall consist of eleven members.
The members of the Department shall be appointed
by the Governor, by and with the consent of a majority of the
members elected to the Senate. When this subchapter becomes
law, the Governor shall appoint three of the members for terms
of one year each, three of the members for terms of two years
each, and four of the members for terms of three years each.
Upon the expiration of each stated term, the Governor shall
thereafter appoint successors to the offices for terms of three
years each, commencing, in each case, from the date of the
expiration of the term of his predecessor. The eleventh mem-ber
of the Department shall serve at the pleasure of the Gov-ernor
and shall be the Chairman of the Department. He may
be removed at any time by the Governur and shall serve until
he is removed by the Governor.
During their respective terms of office not less than
three members shall reside in each county, and there shall be
at least one member from each of the two major political
parties residing in each county. No more than six members
shall belong to the same political party.
Chapter 39 71
Each member of the Department shall be, when ap-pointed,
a citizen of the United States, a qualified voter of the
State, and a resident of the State for at least three years pre-ceding
the date of his appointment. A member of the Depart-ment
shall not be, while a member of the Department, a mem-ber
of any state, county or district political committee.
No appointment of a member to succeed a member
whose term of office has expired shall be complete and effective
unless or until the nominee has been confirmed by the Senate.
In case of a vacancy in the Department for any
reason the Governor shall, by and with the consent of a major-ity
of the members elected to the Senate, fill such vacancy for
the unexpired term by selecting a properly qualified person.
Oath
Before entering upon the duties of the office, each member
of the Department shall take and subscribe the oath or affir-mation
prescribed in the Constitution. Such oath or affirma-tion
shall become one of the records of the Department.
Quorum; Committees
(a) A majority of the members of the Department shall
constitute a quorum except as otherwise provided in this title.
A majority of the members present at any meeting constituting
a quorum shall be sufficient for any action by the Department.
Compensation and expenses of members
The members of the Department shall receive no compen-sation
for their services, but shall receive their actual expenses
incurred while engaged in the affairs of the Department.
Director of Operations; appointment; qualifications;
bond
(a) The Department shall employ a Director of Opera-tions
for such periods of time as the Department shall deter-mine,
which may be for terms up to five years each. The Direc-tor
may be discharged by the Department for cause at any
time.
72 Chapter 39
The Director shall be at the time of his employment
not less than thirty years of age ; he shall have had at least ten
years experience as a managing executive or administrator
in government or private industry, with major responsibili-ties
for, and proven abilities in, the kinds of work for which
the Director is responsible under the provisions hereof.
The Director, before entering upon the duties of his
office, shall give such bond as may be required by the Depart-ment
for the faithful performance of his duties and shall take
and subscribe an oath or affirmation like that required of a
member of the Department.
The total compensation to be paid to the Director,
for services performed for the Department and for any other
public agency or office, shall be determined by the Department.
Where the total compensation so determined covers services
to be performed for the department and for another public
agency or office, the department and such other public agency
or office shall each pay one-half of the total compensation.
§ 116. Director of Operations; powers and duties; Chief Engi-neer
.
The Director of Operations shall be responsible to
the Department for the administration of all of its affairs
except the operation of the State Police and Detectives, the
Motor Vehicle Division and the accounting and fiscal affairs
of the Department. The Director shall carry out and cause to be
performed all general and specific duties within his jurisdic-tion
after the policy with respect thereto has been formulated
by the Department.
The Director shall, immediately upon assuming the
duties of his office and from time to time, recommend to the
Department a program for the improvement of state highways
and for the inclusion of additional roads or portions of roads
in the state highway system; the probable cost of the con-struction
or reconstruction of such roads or portions of roads,
and the roads or portions of roads which should first be im-proved
and the probable amount of construction which could be
undertaken.
Chapter 39 73
(c) The Director shall employ, promote and discharge
all persons hired by the Department, including a Chief Engi-neer,
for the performance of work for which the Director is
responsible. All such employment, promotion and discharge
shall comply with the laws applicable to the Department.
Such Chief Engineer shall be not less than thirty years of
age; he shall be a civil engineer registered or eligible for
registration as such in Delaware and shall have been in active
practice of his profession for at least ten years ; he shall have
had responsible charge of road engineering work for at least
five years; and he shall be qualified to design as well as direct
road engineering work. Graduation from a school of engineer-ing
of recognized reputation shall be considered as equivalent
to two years of active practice. The total compensation to be
paid to the chief engineer and the allocation thereof between
the department and any other public agency or office for ser-vices
performed for the department and any other public agency
shall be determined by the department.
§ 117. Controller; appointment; powers and duties; qualifica-tions;
bond
The Department shall employ a Controller who shall
be directly responsible to the Department for all of its account-ing
and internal auditing and for the fiscal control of its com-mitments,
receipts and disbursements.
The Controller shall be appointed by the Depart-ment
within the merit system of employment herein provided.
Until such system is in effect in the Department, the Controller
shall be employed by the Department for such periods of time
as it shall determine. The Controller may be discharged by
the Department for cause at any time.
The Controller shall be at the time of his employ-ment
not less than thirty years of age and shall be a graduate
of a recognized school of business administration majoring in
accounting or, in lieu thereof, shall possess the equivalent
through other acceptable channels. He shall have had not less
than ten years experience in general accounting, obtained in
74 Chapter 39
either the fields of public accounting, governmental account-ing,
private business accounting or a combination thereof. He
shall have experience and ability in preparation and interpre-tation
of financial statements and reports, including budgetary
and fund statements and reports.
The Controller, before entering upon the duties of
his office, shall give such bond as may be required by the De-partment
for the faithful performance of his duties and shall
take and subscribe an oath or affirmation like that required of
a member of the Department.
The total compensation to be paid to the Controller
for services performed for the Department and for other public
agency or office shall be fixed by the Department. Where the
total compensation, so determined covers services to be per-formed
for the department and for another public agency or
office the department and such other public agency or office
shall each pay one-half of total compensation.
The Controller shall employ, promote and discharge
all persons hired by the Department for the performance of
work for which the Controller is responsible. All such employ-ment,
promotion and discharge shall comply with the laws appli-cable
to the Department.
Liability insurance for Department employees
The Department shall enter into a contract with a reliable
insurance company or companies doing business in this State,
to insure the employees of the Department against injury or
death incurred while performing their duties as employees of
the Department. The Department shall be the sole judge of
the kind of insurance and the amount thereof which will best
execute such purpose.
Appointment and powers of notaries public
In addition to the notaries public now provided by law in
the several counties, the Governor shall appoint four employees
of the Department, one residing in New Castle County, one
residing in Kent County, and two residing in Sussex County,
Chapter 39 75
notaries public, to hold office not exceeding two years. Such
notaries public may not exercise their office, or take affidavits
or acknowledgments except on documents and papers for the
benefit of the Department, and for which they shall make no
charge. Whenever any such person appointed notary public
ceases to be an employee of the Department, his authority as
such notary public shall cease, and thereupon the Governor
may appoint another employee of the Department a notary
public in his place.
Section 4. § 131 of Title 17 of the Delaware Code is here-by
amended by adding thereto a new paragraph reading as
follows :
The general jurisdiction conferred upon the Department
by this section shall be exercised by it by the establishment
and supervision of any and all policies which may be necessary
or appropriate to implement such jurisdiction.
Section 5. § 132 (c) (1) of Title 17 of the Delaware Code
is hereby amended to read as follows :
(1) Determine upon and lay out, within the recommen-dations
of the Director of Operations, a system of State High-ways;
Section 6. § 132 of Title 17 of the Delaware Code is here-by
amended by adding thereto a new paragraph reading as fol-lows:
(e) The general powers and duties conferred upon the
Department by this section shall be exercised by it by the es-tablishment
and supervision of any and all policies pursuant
to which such powers and duties shall be carried out. Such
policies shall be binding upon the Director of Operations, the
Controller and all other persons employed by the Department.
All such policies pertaining to powers and duties concerning
accounting, a system of accounting, internal audit and fiscal
control of the Department's receipts and disbursements shall
be carried out by the Controller. All such policies pertaining
to other powers and duties shall be carried out by the Director
of Operations.
76 Chapter 39
Section 7. § 133 of Title 17 of the Delaware Code is
hereby amended to read as follows :
§ 133. Determination as to highway improvements and addi-tions
The Department shall consider the recommendations of
the Director of Operations and from such recommendations
determine what roads or portions of roads, if any, shall be
improved and what roads or portions of roads shall be added
to the State highway system.
Section 8. § 136 of Title 17 of the Delaware Code is
hereby amended to read as follows :
§ 136. Improvements of roads leading to institutions
The Department may, upon the recommendation of the
Director of Operations, widen, straighten, grade, reconstruct,
otherwise improve and maintain any road, lane or entrance
leading from any public road to any institution which is owned
or controlled in whole or in part by the State. The Department
shall have the same rights, powers and privileges for the pur-pose
of performing and carrying out the duty hereby imposed
as it has for the purpose of constructing State highways in
general.
Section 9. § 151 of Title 17 of the Delaware Code is here-by
amended to read as follows :
§ 151. Competitive bidding; when required; power to act with-out
bids
(a) All highway maintenance or construction materials
furnished to and all labor done for the Department in excess
of the probable cost of $500 except labor in connection with the
maintenance of State highways and employees directly under
the Director of Operations or the Controller, and except labor
and material used in the grading and repairing of roads in
the State where such grading or repairing is done solely by
the regularly employed workmen of the Department, shall be
supplied or done under contract made after competitive bidding
as provided in this subchapter.
Chapter 39 77
(b) Whenever there is an unusual emergency which in
the joint opinion of the Department (at least two-thirds of the
members concurring), and the Director of Operations requires
immediate attention to save any State highway or other prop-erty
from damage, the Department may employ labor and pur-chase
material to prevent such damage without competitive
bids.
Section 10. § 152 of Title 17 of the Delaware Code is
hereby amended to read as follows :
§ 152. Preparation of plans and specifications; advertisement
for bids
When the Department proposes to construct or re-construct
any State highway or purchase any material in excess
of the amount specified in Section 151 of this tit/e, the Director
of Operations shall prepare plans and specifications for such
work, or section thereof, as may be deemed most advantageous
to the State, or description of such material as the case may
be.
The Director of Operations shall then advertise for
sealed proposals to build or construct the road or section thereof
or for such material. The advertisement for such bids shall be
published at least once a week for two consecutive weeks in a
newspaper of general circulation throughout the State and at
least once a week for two consecutive weeks in a newspaper
published in each county of the State; such advertisement shall
be sufficiently full to indicate with reasonable accuracy the
character, quantity and location of the work to be done, or the
character and quantity of material to be furnished, when work
shall commence, and when it shall be completed, or the ma-terials
to be furnished, and the manner and time of payment
for the work to be done, or the material to be furnished, and
the time and place of the opening of proposals and the con-ditions
to be complied with in submitting proposals.
Section 11. § 154 of Title 17 of the Delaware Code is
hereby amended to read as follows :
§ 154. Opening of bids; award of contract; right to reject bids
The proposals shall be publicly opened at the time and
place specified in the advertisement, and the contract shall be
78 Chapter 39
awarded within 20 days by the Department to the lowest re-sponsible
bidder, unless in the opinion of all the members of
the Department and the Director of Operations, the interest of
the State shall be better served by the awarding of the con-tract
to some other bidder, which may then be done, provided
the Department shall set down in its minutes the reason or
reasons for granting the contract to the person other than the
lowest responsible bidder. If two or more responsible bidders
shall bid an equal amount, and such amount shall be the lowest
bid, the Department may award the contract to any one of
them. The Department may reject all bids.
Section 12. § 403 (a) of Title 17 of the Delaware Code
is hereby amended by deleting the last two sentences thereof
and inserting in lieu thereof the following:
The Controller of the Department shall be the Secretary
of the Division, provided, however, that said Controller may
appoint a deputy to act in his stead. The Director of Operations
of the Department shall appoint the Chief Engineer of the
Department to be the Chief Engineer of the Division and the
Director shall appoint such other deputies as may be necessary
for the operation of the Division. The total compensation of
such persons shall be determined by the Department and shall
be paid by the Department and the division in such propor-tions
as the department shall determine.
Section 13. § 132 (c) (6) of Title 17 of the Delaware
Code is hereby amended to read as follows:
The Department is authorized to employ and discharge
professional or technical experts, surveyors, agents, assistants,
clerks, employees and laborers, skilled and unskilled, and also
such advisers and consultants as may be required to accom-plish
the purposes of this chapter. All such persons employed
to perform work for which the Director of Operations is re-sponsible
shall be employed and discharged by the Director.
All such persons employed to perform work for which the
Controller is responsible shall be employed and discharged by
the Controller. General and special counsel for the Depart-ment
shall be employed by, and shall serve at the pleasure of
the Department.
Approved May 4, 1961.
CHAPTER 40
AN ACT AUTHORIZING THE STATE OF DELAWARE TO
BORROW MONEY TO BE USED FOR THE STATE HIGH-WAY
DEPARTMENT'S CAPITAL IMPROVEMENTS
PROGRAMS AND TO ISSUE NOTES AND BONDS
THEREFOR AND APPROPRIATING THE MONEY BOR-ROWED
TO THE STATE HIGHWAY DEPARTMENT.
WHEREAS, the State Highway Department on December
14, 1960 adopted a resolution, drawn in form and content to
meet certain objectives outlined by members of the General
Assembly, defining the Capital Improvement Program for 1961,
and
WHEREAS, the said resolution of December 14, 1960 di-rected
the Chairman and Chief Engineer of the State High-way
Department to transmit copies of said resolution to the
Governor and to the General Assembly and to request that the
General Assembly appropriate to the Department the sum of
$14,000,000 for the fiscal year beginning July 1, 1960 to enable
the Department to proceed with the Capital Improvement Pro-gram
as set forth in the aforementioned resolution, and
WHEREAS, The State Highway Department on March
20, 1961 adopted a resolution, drawn in the form and context
of the resolution of December 14, 1960, defining the Capital
Improvement Program for the fiscal year 1962, and
WHEREAS, the said resolution of March 20, 1961 direct-ed
the Chairman and Chief Engineer of the State Highway
Department to transmit copies of said resolution to the Gov-ernor
and to the General Assembly and to request that funds
be appropriated to the Department to provide for the ful-fillment
of said Capital Improvement Program.
NOW, THEREFORE,
Be it enacted by the General Assembly of the State
Delaware (three-fourths of all the Members elected to each
House concurring therein):
Section 1. The Governor, Secretary of State and State
Treasurer of the State of Delaware (herein sometimes re-
79
80 Chapter 40
referred to as the Issuing Officers) shall borrow upon the faith
and credit of the State of Delaware a sum of money not in
excess of Twenty-Six Million Six Hundred Sixty Thousand
Dollars ($26,660,000) which shall be used by the State High-way
Department to defray the costs of its Capital Improve-ments
Programs during the period extending from the date of
enactment of this Act through June 30, 1963; said programs to
be completed as defined, and under the conditions and provisions
as set forth in the pertinent resolutions adopted by the Depart-ment
on December 14, 1960 and on March 20, 1961. The Capital
Improvements Programs shall be composed of the following:
General Highway Program
Dirt Road Improvement Fund
Suburban Development Improvement Fund
Beach Erosion Fund
Drainage and Public Improvement Projects
The cost of construction and reconstruction of the afore-mentioned
projects and of carrying out the aforementioned
programs shall not include ordinary or normal maintenance
expenses of highways, bridges, buildings or other property
under the jurisdiction of the Department but may include,
among other costs, the costs of acquiring necessary lands and
rights-of-way and the surveying, grading and landscaping there-of
; the costs of relocating utility facilities provided the State
is otherwise obligated to pay such costs ; the costs of labor,
material, equipment, supplies and engineering for such projects
and programs ; and the costs of such dams, storm sewers, under-passes
and facilities as may be incidental and necessary to the
aforementioned projects and programs. The issuing officers
are hereby authorized to issue bonds in conformity with the
provisions of this Act to an amount not to exceed the said sum
of Twenty Six Million Six Hundred Sixty Thousand Dollars
($26,660,000.00). The bonds may be issued all at one time, or
from time to time, in such series and amounts as the Issuing
Officers shall determine to be required, subject to the provisions
contained in this Act. Said sum of money may be borrowed
and said bonds may be issued in addition to any sums author-ized
to be borrowed or bonds authorized to be issued for the
purposes hereinbefore described by any other law now in effect.
Chapter 40 81
Section 2. In anticipation of the issuance of bonds, the
Issuing Officers may issue and sell notes of the State of Dela-ware
at either public or private sale for not less than par and
accrued interest. They may be renewed from time to time by
the issuance and sale of new notes, but all such notes shall
mature and be paid not later than June 30, 1963. The total
amount of notes outstanding at any one time, together with
the total amount of said bonds theretofore issued ; shall not
exceed Twenty Six Million Six Hundred Sixty Thousand Dollars
($26,660,000.00), or if any bonds shall have been issued pur-suant
to this act, the amount by which Twenty Six Million Six
Hundred Sixty Thousand Dollars ($26,660,000.00) shall exceed
the amount of such bonds. If the aggregate amount of bonds
or notes issued pursuant to this act shall exceed Twenty Six
Million Six Hundred Sixty Thousand Dollars ($26,660,000.00)
the moneys raised by the issuance of said bonds shall, to not
less than the amount of such excess, be applied to the payment
of such notes then outstanding.
The notes may be redeemed at par and accrued interest
prior to their maturity, if the right of the State to do so shall
have been reserved by an express provision in the notes. The
principal of the notes shall be paid out of the proceeds of the
sale of the bonds or notes.
Section 3. The bonds and notes issued in accordance with
the provisions of this Act shall be direct general obligations
of the State, and the public faith and credit of the State of
Delaware are hereby expressly pledged for the full and com-plete
payment of the debt, principal and interest by this Act
authorized, of the bonds and notes hereby authorized to be issued
and the coupons thereto attached, and the bonds and notes shall
be exempt from taxation by the State or any political sub-divisions
thereof for any purpose.
Section 4. The said bonds and notes shall recite that they
are issued for the purpose set forth in Section 1 of this Act,
that they are issued in pursuance of this Act and the Constitu-tion
of this State, and upon the sale and delivery of any such
bond or note, such recitals shall be conclusive upon the State
of Delaware and all and every other person whatsoever of the
82 Chapter 40
right, power and authority for the issuance of said bonds or
notes and legality and validity of such bonds or notes and of the
principal debt and interest represented thereby and the legality
and validity of such bonds or notes thereafter shall never be
questioned in any court of law or equity by the State of Dela-ware
or any person or persons for its use or in its behalf, and
this provision shall be and become part of the contract and
obligation represented by any such bonds or notes.
Section 5. The bonds issued under the authority of
this Act shall be in denominations of One Thousand Dollars
($1,000.00), or a multiple thereof, as shall be decided by the
Issuing Officers, or the majority of them, with coupons thereto
attached for each half year's interest thereon. The said bonds
shall be numbered consecutively and shall bear such dates as
the Issuing Officers shall fix and shall bear interest at such
rate as shall be determined by the bid accepted by the Issuing
Officers, which interest shall be payable semi-annually in each
year that such bonds remain unpaid, at the Farmers Bank
of the State of Delaware, at Dover, upon presentation of a
coupon representing such semi-annual interest.
The bonds shall be in such form and may contain such
other and further recitals and be subject to such terms and
conditions, with such privileges as to registration, conversion,
reconversion, redemption and exchange, and may contain such
other provisions as may be determined by said Issuing Officers.
The said bonds shall mature as the Issuing Officers may
determine; provided, however, that the principal amount of
said bonds, or any series thereof, shall be made to mature
fully within twenty (20) years from the date of issue thereof.
The said bonds shall be executed on behalf of the State of
Delaware by the Governor, the Secretary of State and the State
Treasurer and shall have the impression of the Great Seal of
the State thereon or shall have facsimile of the Great Seal of
the State of Delaware thereon. The facsimile signatures of the
Governor and the Secretary of State may be engraved or print-.
ed on such bonds, but the signature of the State Treasurer shall
be in his own proper handwriting.
Chapter 40 83
Attached interest coupons shall bear the signature of the
State Treasurer which may be engraved, printed or written
on such coupons. The coupons attached to each bond shall bear
the same number as the bond to which they are attached.
The said bonds, with the coupons attached, may be issued
notwithstanding that any of the officers executing them in the
manner herein provided shall have ceased to hold office at the
time of such issue or at the time of the delivery of the said
bonds.
Section 6. For the purpose of designation and identifica-tion
any bond issued under the authority of this Act shall be
known and styled "State Highway Department Improvement
Bond of 1961."
Section 7. The said bonds, as well as the interest coupons
thereto attached, shall be issued in such form or forms as the
Issuing Officers may adopt.
It shall be the duty of the State Treasurer to provide a
record of the proper size and form to be retained in his office,
in which he shall keep a record of all bonds which shall be
paid and redeemed according to the number thereof, and in
addition thereto he shall cause any such bond to be cancelled
by making lines with red ink through the signatures of the
Governor, Secretary of State and State Treasurer, and also by
writing across the face thereof in red ink the following:
This bond paid and redeemed this day of
, A. D. 19
State Treasurer
As the said coupons are paid, it shall be the duty of the
State Treasurer to mark the same in red ink across the face
"Paid". All bonds paid and redeemed, as well as all coupons
paid and cancelled as aforesaid, shall be safely kept by the State
Treasurer so long as any bond authorized by this Act is unpaid
and not redeemed.
84 Chapter 40
Section 8. Whenever the bonds authorized by this Act
may be issued in conformity with the provisions of this Act,
the Issuing Officers are hereby directed to advertise that they
will receive bids at such place or places that may be named in
said advertisement for such bonds under such regulations as
may be made in the discretion of the Issuing Officers. Sufficient
notice of sale of said bonds shall be deemed to have been given
if said notice shall have been published at least once, ten or
more days before the date of sale in at least one newspaper
published in the State of Delaware and in a financial journal
published in the City of New York, and no other publications of
such notice of sale shall be necessary; and said bonds may be
sold upon such terms and conditions as may be set forth in
such notice of sale, provided that the purchase price shall be
not less than par and accrued interest. If any of said bonds so
offered for sale are not bid for, or if any insufficient price be
bid for them, they may be subsequently disposed of under the
direction of the Issuing Officers at private sale upon the best
terms they can obtain for the same, provided that they shall
not be sold at private sale for less than par and accrued interest.
Section 9. All moneys received from the sale of the bonds
or notes shall be deposited by the State Treasurer in the Farm-ers
Bank of the State of Delaware at Dover, and shall be used
exclusively in accordance with the provisions of this Act and
for the purpose of paying the principal of notes issued under
this Act.
In addition to any moneys appropriated by any other Act
there is hereby appropriated to the State Highway Department
the sum of Twenty Six Million Six Hundred Sixty Thousand
Dollars ($26,660,000) or so much thereof as shall be received
from the sale of the bonds and notes authorized hereby, which
shall be used for the purposes set forth herein. Any of said
funds remaining unexpended at the end of any fiscal year shall
not revert to the General Fund, but shall remain in said account
to be used for the purposes set forth in this Act.
Section 10. There is hereby appropriated from the Gen-eral
Fund such sums as may be necessary for the expenses in-cident
to the issuance of the bonds and notes herein authorized,
and such further sums as may be necessary to pay any interest
Chapter 40 85
which becomes due on such bonds and notes during the fiscal
year ending June 30, 1963, and such further sums as may be
necessary for the repayment of the principal of any of the
said bonds or notes which become due during the fiscal year
ending June 30, 1963. Vouchers for the payment of the expenses
incident to the issuance of bonds and notes and for the interest
and repayment of said notes shall be signed by the Secretary
of State by and with the approval of the Issuing Officers. Any
moneys received from the premium and accrued interest on
the sale of said bonds shall be deposited to the credit of the
General Fund.
Section 11. The Budget Appropriation Bill which shall be
enacted and approved by the General Assembly for the fiscal
year beginning July 1, 1961 and for each subsequent fiscal year
or biennium, shall contain under the Debt Service Item pro-visions
for the payment of interest and principal maturities of
the bonds issued under the authority of this Act, and such of
the revenues of the State of Delaware as are not prohibited by
constitutional provision or committed by preceding statutes
for other purposes are hereby pledged for the redemption and
cancellation of said bonds and payment of interest thereon.
Approved May 4, 1961.
86
CHAPTER 41
AN ACT TO AMEND TITLE 10, SECTION 2706 OF THE
DELAWARE CODE OF 1953 RELATING TO CON-STABLES.
Be it enacted by the General Assembly of the State
of Delaware:
That Title 10, Section 2706 of the Delaware Code of 1953,
is hereby amended by striking out the word "five" in line 1 of
Sub-Section (d) and substituting in lieu thereof the word
"ten".
Approved May 5, 1961.
87
CHAPTER 42
AN ACT AMENDING, REVISING AND CONSOLIDATING
THE CHARTER OF THE CITY OF SEAFORD.
WHEREAS, it is deemed desirable that the Charter of the
City of Seaford, being Chapter 184, Volume 43, Laws of Dela-ware,
entitled "An Act Changing the Name of the 'Town of
Seaford' to 'The City of of Seaford' and Establishing a Charter
Therefor" together with the various amendments and supple-ments
thereto, be amended and revised in certain respects and
consolidated into one complete act.
Be it enacted by the Senate and the House of Representa-tives
in, the General Assembly met (with the concurrance of
two-thirds of all the Members elected to each House thereof):
TERRITORY AND LIMITS.
Section 1. (A) The present territorial limits of the City
of Seaford are as follows :
BEGINNING at a point (No. 1) near the center of the
Seaford Milling Company's Mill Dam and near where the old
waste gates formerly stood, said point being marked by a mon-ument
set in the road at a distance of 25 feet therefrom and at
right-angles to the first course of this description; thence run-ning
from said point N 72° 02' W 231.0 feet to a monument
(point 2) ; thence N 45° 32' W 276.5 feet to a monument (point
3) set on the prolongation of the South side of Poplar Street;
(NOTE: The first course, including the point of beginning, and
the first 60 feet of the second course are in Williams Pond; the
Seaford Milling Company's Mill Dam and the road across it
are no longer in existence. Due to the acquirement and con-struction
of Poplar Street Extended, and also due to the re-cently
constructed causeway and bridge over Williams Pond,
the second course runs, in part, in the right-of-way of said
Poplar Street Extended and point 3 is approximately 5 feet
South of the Northerly line of said Poplar Street Extended)
thence N 00° 32' W and running on a course parallel with and
at a distance of 473.4 feet from the Easterly line of North
88 Chapter 42
Street 2466.0 feet to a monument (point 4) set on the South-easterly
line of the State Highway leading to Bridgeville known
today as "U. S. Route 13A"; thence by and with said south-easterly
line of U. S. Route 13A S 350 28' W 908.0 feet (passing
over a monument set at the intersection of the Easterly line of
North Street and continuing) to a monument (point 5) set
at the intersection of the Westerly line of North Street; thence
continuing along the Southeasterly line of said U. S. Route
13A S 430 28' W 282.8 feet to a monument (point 6) set at the
intersection of the Southerly line of the State Road known as
"duPont Road", thence by and with said Southerly line of
duPont Road S 74° 28' W 133.0 feet (passing over a monument
set at the intersection of the Easterly line of Front Street and
continuing) to a monument (point 7) set at the intersection of
the Westerly line of said Front Street; thence continuing along
the same bearing approximately 1165 feet to a concrete monu-ment
(point 8) set on the Easterly line of Market Street; thence
in a Northerly direction by and with said Easterly line of
Market Street N 16° 29' 30" W. 370.82 feet to a concrete mark-er
(point 9) ; thence continuing along the said Easterly line of
Market Street (which, in part, runs near and not quite parallel
to an existing chain link fence on the westerly line of the
Seaford School Board Property) N 17° 00" W 739.30 feet to a
concrete marker (point 10) placed on the Westerly line of the
lands of, now or formerly, Edward C. Davis and which marks
the Northerly line of Nanticoke Avenue; thence by and with
said Northerly line of Nanticoke Avenue, which is also the
Southerly line of the Seaford Special School District, S 77° 18'
W 368.22 feet to a concrete marker (point 11) set on the West-erly
line of Arch Street, passing through an area locally known
as "Hurley Heights"; thence by and with the said Westerly
line of Arch Street S 16° 29' 30" E 1134.46 feet to a concrete
marker (point 12) set on the Southerly line of duPont Road;
thence proceeding Westerly along said Southerly line of duPont
Road S 74° 28' W 741.3 feet (passing over a monument set at
the Easterly line of Pine Street and continuing 35.5 feet there-from)
to a point (No. 13) in the roadway of Pine Street; thence
continuing along the said Southerly line of said duPont Road
S 76° 50' W 20.65 feet to a monument (point 14) set at the
intersection of the Westerly line of Pine Street; thence con-tinuing
along the said Southerly line of duPont Road on the
Chapter 42 89
same bearing 139.3 feet at a monument (point 15) ; thence
continuing along the said Southerly line of duPont Road S
85° 55' W 182.2 feet to a point (No. 16,) the said point being
at a distance of 4.6 feet from a point on the prolongation of
the back tangent of the Northbound track of the Pennsylvania
Rairoad; thence continuing along the said Southerly line of
said duPont Road S 88° 17' W approximately 37 feet to (point
17) the Westerly Right-of-Way line of the said Pennsylvania
Railroad; thence in a Northerly direction by and with the said
Westerly line of said Pennsylvania Railroad R/W 618.55 feet
along a slight curve or arc of a circle, the radius of which is
5664.34 feet and the chord of which is N 16° 10' W and 618.32
feet long to (point 18) the P. T. of said curve; thence continu-ing
along said Westerly line of the Pennsylvania R/W N 13°
02' 30" W 1895.6 feet to a point (No. 19) marking the Southerly
line of the lands of, now or formerly, James T. Ross; thence by
and with said Southerly line of the lands of, now or formerly,
James T. Ross and with the Northerly line of the "Murrell Sub-division"
S 71° 35' W 2274.4 feet (to point 20) ; thence con-tinuing
on the same bearing with the Northerly line of the land
of, now or formerly, George Houston S 71° 35' W 342.8 feet
to a granite stone marker (point 21) which is on the Easterly
line of the lands of, now or formerly, Adrian Fleetwood and
the Westerly line of the lands of, now or formerly, George
Houston ; thence by and with said line (which, in part, is also
the center line of the proposed extension of Nylon Boulevard
North of Stein Highway) S 18° 06' E 712 feet to a concrete
marker (point 22) ; thence with the division line, and its pro-jection,
between the lands of, now or formerly, Adrian Fleet-wood
and "Parsons Village" S 71° 23' 30" W 735.0 feet to a
granite marker (point 23) on the Easterly line of State High-way
30 leading from Seaford to Wesley Church; thence by and
with said Easterly line of State Highway 30 S 18° 35' E 1020.8
feet to the Northerly line of Stein Highway, and continuing
on the same bearing 70 feet more across Stein Highway to a
point (No. 24) on the Southerly line of said Stein Highway, the
total distance of this course being 1090.8 feet; thence by and
with said Southerly line of Stein Highway and in part with the
Northerly line of the "Martin Farms Subdivision" S 77° 04'
W 980.8 feet to a concrete monument (point 25) on the East-erly
line of Sussex Avenue; thence continuing along the South-
90 Chapter 42
erly line of Stein Highway with the same bearing, crossing
Sussex Avenue, and proceeding along the Northerly line of
the "Westview Subdivision" approximately 1066 feet to (point
the Westerly line of said "Westview Subdivision" and also
the Westerly line of a 10 foot alley; thence by and with the
said Westerly line of the 10 foot alley of the said "Westview Sub-division",
which is also the Easterly line of the lands of, now
or formerly, Cecil B. Tull S 08° 40' E 1985.93 feet to (point
the Northerly line of the Southern States Cooperative
property; thence by and with the said Northerly line of the
Southern States Cooperative Property and the Southerly line
of the lands of, now or formerly, Cecil B. Tull N 67° 36' W
1131.39 feet to (point 28) the Westerly line of the Southern
States Cooperative Property; thence by and with said West-erly
line S 22° 24' W 450.0 feet to (point 29) the Northerly
line of the Pennsylvania Railroad ; thence by and with said
Northerly line of the Pennsylvania Railroad S 67° 36' E 1400.0
feet to (point 30) the Westerly line of the "Westview Subdi-vision";
thence by and with the Southerly line of said "West-view
Subdivision" S 67° 40' E approximately 690 feet (to point
31) ; thence continuing along the same bearing, in part with
the said Southerly line of the "Westview Subdivision", and
crossing State Road #536 leading from Seaford to Woodland,
approximately 375 feet to a point (No. 32) on the Southerly
line of said State Road #536; thence by and with said South-erly
line of State Road #536 along a curve, the chord of which
is S 75° 20' W and approximately 210 feet long, to (point 33)
the Easterly line of that portion of the State Road #536 known
as Sussex Avenue ; thence by and with said Easterly line of
Sussex Avenue, which is also the Westerly line of the DuPont
Corporation Property, N 07° 10' W 1495.0 feet to a point (No.
34) ; thence continuing along the said Easterly line of said
Sussex Avenue and the said Westerly line of the DuPont Cor-poration
Property N 11° 26' W 444.0 feet to (point 35) the
Southerly line of Poplar Street and the Northerly line of the
DuPont Corporation Property ; thence by and with said South-erly
line of Poplar Street on the following courses : N 84° 09'
E. 88.0 feet (to point 36) ; 306.26 feet along the arc of a
slight curve to the left, the radius of which is 2465.7 feet and
the chord of which is N 80° 35' 30" E and 306.6 feet long (to
point 37) ; N 77° 02' E 396.8 feet (to point 38) ; 223.89 feet
Chapter 42 91
along the arc of a slight curve to the left, the radius of
which is 1028.96 feet and the chord of which is N 70° 48'
E and 223.44 feet long (to point 39) ; 36.28' along the arc
of a curve to the right, the radius of which is 66.66 feet
and the chord of which is N 80° 09' 30" E and 35.85 feet
long (to point 40) ; S 84° 15' E 588.17 feet to (point 41)
the Westerly line of Nylon Boulevard ; thence in a Southerly
direction by and with said Westerly line of Nylon Boulevard
S 10° 35' E 227.15 feet to a point (No. 42) ; thence leaving
said Westerly line of Nylon Boulevard and proceeding South-westerly
S 58° 52' 30" W 260.11 feet to a point (No. 43)
thence proceeding Southerly S 33° 30' 30" E 664.28 feet (to
point 44) ; thence S 35° 29' 30" E 306.57 feet (to point 45)
returning to the Westerly line of Nylon Boulevard ; thence in
a Southerly direction by and with said Westerly line of Nylon
Boulevard along a slight curve or arc of a circle, the radius
of which is 3100 feet and the chord of which is S 29° 20' 30" E,
a distance of 560.0 feet to a point (No. 46) ; thence continuing
in a Southerly direction along a slight curve or arc of a circle,
the radius of which is 3100 feet and the chord of which is
S 38° 07' 30" E, a distance of 550.0 feet to a point (No. 47)
of a compound curve; thence continuing in a Southerly direc-tion
along a curve or arc of a circle, the radius of which is 550
feet and the chord of which is S 50° 07' 30" E, a distance of
120.0 feet to a point No. 48) of reverse curve ; thence continu-ing
in a Southerly direction along the arc of said reverse curve,
the radius of which is 60 feet and the chord of which is S
220 37' 30" E, a distance of 85.0 feet to (point 49) the Norther-ly
line of Harrington Street; thence in an Easterly direction
by and with the said Northerly line of Harrington Street N
48° 1-6' 30" E 117.78 feet to a point of curve (point 50) in
said Northerly line of Harrington Street; thence continuing
Easterly by and with said Northerly line of Harrington Street
along a curve or arc of a circle, the radius of which is 1506.42
feet and the chord of which is N 49° 19' 30" E and 62.22 feet
long (to point 51) ; thence proceeding across said Harrington
Street in a Southwesterly direction S 15° 43' W 55.6 feet to a
cross cut in the center of the pavement in the center-line of
said Harrington Street (point 52) thence continuing on the
same bearing 530.5 feet to a stone (point 53) set for the corner
92 Chapter 42
of lands, now or formerly, of Isaac Willin; thence S 60° 47' E
along the said Westerly line of lands of said Isaac Willin, in-tersecting
the center-line of track of, now or formerly, C. &
R. R. at a distance of 165.8 feet from the last named corner
and forming an agle of 122° 52' with the forward tangent as
now laid down, and continuing on the same bearing an addi-tional
distance of 35.7 feet to a stone (point 54) set on the
Southerly right-of-way of the said C. & S. R. R. and also a
corner of the lands of, now or formerly, Mrs. T. E. Willin,
the total distance of this course being 201.5 feet; thence S 65°
55' E 335.8 feet along the Easterly side of a road (same being
the line of lands, now or formerly, of Mrs. T. E. Willin), to
a Persimmon tree (point 55), a corner of lands of said Mrs.
E. Willin; thence S 46° 51' E 358 feet along the line of lands
of the said C. & S. R. R. Co. and along the Easterly side of
above-named road to a monmument (point 56) ; thence S 21°
37' E 240.4 feet along the Easterly side of a road to a stone
(point 57) set for a corner of the laands of, now or formerly,
the Delaware Shipbuilding Company; thence S 44° 08' W 228.4
feet along the line of lands of said Delaware Shipbuilding Com-pany
to a monument (point 58) on the Southerly side of the
road; thence S 100 43' W 330 feet partly along line of lands of
the said Delaware Shipbuilding Company and land of, now or
formerly, John Palmer, and along the Southerly, side of a road
to a monument (point 59) on the Southerly side of the road ;
thence S 05° 58' W 275.3 feet along line of lands of, now or form-erly,
the said Delaware Shipbuilding Company to a monument
(point 60) set for a corner of the lands of the said Delaware
Shipbuilding Company; thence S 05° 53' E along the line of
the lands of the said Delaware Shipbuilding Company, passing
through the decayed stump of a large Sycamore tree (point
61) standing at the edge of a wharf owned, now or formerly,
by the Allen Package Company (said tree and edge of wharf
being at a distance of 182.5 feet from last-named monument)
and continuing along the same bearing to the line of low water
of the Nanticoke River ; thence up the said Nanticoke River
to Herring Run or Clare Creek Branch ; thence up the said run
or branch with the several meanderings thereof to the Seaford
Milling Company's Mill Dam, to the point No. 1 of begin-ning.
Chapter 42 93
(b) The above description, courses and distances, in-cludes
the territorial limits of the City of Seaford as set forth
in Chapter 184, Volume 43, Laws of Delaware, and all an-nexations
which have been authorized by the General Assem-bly
subsequent to the enactment of the previous Charter and
prior to the passage of this Act. The description set forth above
shall be recorded in the office of the Recorder of Deeds, in and
for Sussex County, in Georgetown, Sussex County, Delaware,
and shall be evidence in all courts of law and equity in this
State.
ANNEXATION OF TERRITORY.
Section 2. In the event that it becomes feasible or nec-essary
in the future for the City of Seaford to enlarge its
then existing limits and territory, such ann

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND TWENTY- FIRST
SESSION OF THE GENERAL ASSEMBLY
COMMENCED AND HELD AT DOVER
On Tuesday, January 3, A. D.
1961
AND
IN THE YEAR OF THE INDEPENDENCE OF THE UNITED STATES
OF AMERICA, THE ONE HUNDRED AND EIGHTY- FIFTH
VOLUME LIII
Printed by
allUord Chronicle Publishing Company
Milford. Delaware